tender no. kp1/9a.2/ot/27/audit/18-19 procurement of a … no . kpi... · 2019-01-29 · evaluate...
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TENDER NO. KP1/9A.2/OT/27/AUDIT/18-19
PROCUREMENT OF A FIRM TO CARRY OUT AN AUDIT OF
KPLC ICT SYSTEMS
JANUARY, 2019
(E-PROCUREMENT TENDER OPENING SYSTEM)
(ENSURE TO READ THE APPENDIX TO
INSTRUCTIONS TO TENDERERS)
THE KENYA POWER & LIGHTING COMPANY LIMITED
CENTRAL OFFICE, STIMA PLAZA,
KOLOBOT ROAD, PARKLANDS,
P.O. BOX 30099-00100,
NAIROBI,
KENYA.
Telephones: +254-020-3201000; 3644000 Pilot Lines
Telephones: +254 -720-600070/1-5; -733-755001/2-3 Cellular
Facsimile: +254-20-3514485
Website: www.kplc.co.ke
Email 1: [email protected]
Email 2: [email protected]
Email 3: [email protected]
Page 1 of 105
TABLE OF CONTENTS
SECTION CONTENTS
PART A INTRODUCTION…………………………………………… 4
PART B TERMS OF REFERENCE………………………………….. 7
SECTION I INVITATION TO TENDER …….………………………….. 9
SECTION II TENDER PROPOSAL CHECKLIST…………………….. … 10
Table of Paragraphs on Instructions To Tenderers…….……. 26
SECTION III INSTRUCTIONS TO TENDERERS (ITT).………………... 28
SECTION IV SCHEDULE OF REQUIREMENTS………………………… 46
SECTION V PRICE SCHEDULE FOR SERVICES…………………….. 47
SECTION VI EVALUATION CRITERIA………………… ………………. 51
SECTION VII AWARD AND CONTRACT DISCUSSIONS.………………. 54
Table of Clauses on General Conditions of Contract……….. 55
SECTION VIII GENERAL CONDITIONS OF CONTRACT (GCC)……… 56
SECTION IX SPECIAL CONDITIONS OF CONTRACT (SCC)……….. 64
SECTION X TENDER FORM…………………………………………… 65
SECTION XI CONFIDENTIAL BUSINESS
QUESTIONNAIRE FORM (CBQ) ..……………………... 67
SECTION XII TENDERER’S REFERENCES…………….……..………. 70
SECTION XIII TENDERER’S COMMENTARIES…………………..………. 72
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SECTION XIV METHODOLOGY AND WORKPLAN………………..….….. 73
SECTION XV FORMAT OF CURRICULUM VITAE (CV) FOR
PROPOSED TEAM MEMBERS……………….………………. 74
SECTION XVI DECLARATION FORM…………………………………..… 76
SECTION XVII DRAFT LETTER OF NOTIFICATION OF AWARD………. 77
SECTION XVIII DRAFT LETTER OF NOTIFICATION OF REGRET…….. 78
SECTION XIX CONTRACT AGREEMENT FORM…………………………. 79
SECTION XX PERFORMANCE SECURITY FORM…………………………. 84
SECTION XXI THE DETAILS OF SERVICES……..……………………… 86
Page 3 of 105
ABBREVIATIONS AND ACRONYMS
CC Conditions of Contract
DDP Delivery Duty Paid
GCC General Conditions of Contract
GoK Government of Kenya
InCMS Integrated Customer Management System
ISACA Information Systems Audit & Control Association
JV Joint Venture
KPLC The Kenya Power & Lighting Company Limited
KSh. / KES Kenya Shillings
PM Project Manager
PPAD 2015 Public Procurement and Asset Disposal Act, 20015
PPRA Public Procurement Regulatory Authority
SAP Systems, Applications and Products (Enterprise Resource Program)
TCO Total Cost of Ownership
VAT Value Added Tax
ICT Information Communications Technology
Page 4 of 105
A. INTRODUCTION
Dear Prospective Bidder,
1. Description of the Kenya Power & Lighting Company Limited and our Core Business
1.1 The Kenya Power & Lighting Company Limited (KPLC) is a limited liability company
registered under the Companies Act, Chapter 486 of the Laws of Kenya. It was
incorporated in 1922 as the East African Power & Lighting Company Limited. KPLC
was listed on the Nairobi Stock Exchange (NSE) in 1954. The Company changed to its
present name in 1983. Kenya Power and Lighting Co ltd is a State Corporation listed in
NSE, under the Ministry of Energy. Its mandate is to purchase bulk electricity supply,
transmit, distribute and retail electricity to end-use customers throughout Kenya. Its
purpose, responsibilities and core functions, as a commercial state corporation in Kenya,
are stated in its Vision and Mission Statements, and are expressed in its relationships
with other key players in the power sub-sector and in its contributions to the country’s
long-term public policy and national development objectives.
1.2 Our shareholders include the Government of Kenya (GoK) institutional and individual
persons. KPLC is a public company with GoK holding the majority block of shares. We
are subject to the State Corporations Act, Chapter 442 of the laws of Kenya and the laws
governing procurement by public bodies, mainly the Public Procurement and Disposal
Act, 2015 and the various regulations made there-under.
1.3 KPLC’s strategic direction is guided by her VISION “to be an Energy Solutions Provider
of Choice”.
1.4 The MISSION is powering people for better lives by innovatively securing business
sustainability.
1.5 Our Core Business is bulk purchase of electrical energy; transmit; distribute; supply
electrical energy and related customer services throughout Kenya.
1.6 The Company’s key corporate objectives include: -
Ensure financial sustainability
Improve engagement with stakeholders
Improve network efficiency
Improve process effectiveness
Leverage technology, data usage and innovation
Improve talents’ capabilities
Diversify revenue sources
Enhance revenue protection
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1.7. Organizational and Business Structure
1.7.1 KPLC is divided into several divisions, departments, regions and branches countrywide.
The various levels are headed by general managers, managers, regional, county and
business branch heads.
1.7.3 Our headquarters is referred to as Central Office located at Stima Plaza, Kolobot Road,
Parklands, Nairobi.
1.7.4 At present the regions are geographically split as follows - Nairobi South and Nairobi
West Region with their main office in Electricity House, Harambee Avenue Nairobi
Central Business District; Nairobi North Region with its main office in Stima Sacco
Plaza (a few meters from KPLC Hq), Mushembi Road, Parklands, Nairobi; Central Rift
Region with the main office in Electricity House, Moi South Road, Nakuru; Coast
Region with the main office in Electricity House, Nkrumah Road, Mombasa Central
Business District, Mount Kenya Region with the main office in Stima House Nyeri,
West Kenya Region with the main office offices in Electricity House Kisumu and North
Rift Region in KVDA Plaza Eldoret while North Eastern Region has its main offices in
Thika Arcade, Thika.
1.7.5 As part of our growth and transformation strategy, from 2009 the Company engaged in
a process of rebranding in a programme dubbed “Project Mwangaza”. Part of the results
of this has been the change of our logo to a new one depicted as a bulb with the words
“Kenya Power” at the bottom.
1.7.6 However, the name of the Company remains the same i.e. The Kenya Power & Lighting
Company Limited (abbreviated as KPLC).
1.8 Important statistics
The company has 10,617 employees. 2,900 of them are office based while the rest
(7,717) are field based.
B. TERMS OF REFERENCE
2.0 Background
Over the years, KPLC has implemented the following key ICT systems among others:
SAP – ERP
InCMS - Billing
Eclipse – Prepaid
DCS - Design and Construction System
IMS - Incidence Management System.
BI - Business Intelligence System
FDB - Facilities Database
Qpulse
SCADA - Supervisory Control and Data Acquisition
Microsoft & Oracle Platforms etc.
KPLC seeks to engage a qualified consultant to undertake a comprehensive and
independent Information Communication Technology (ICT) Systems Audit. The
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consultant is expected to provide an independent assurance on the KPLC ICT systems
by undertaking a “Top to Bottom’’ audit that will re-assess the functional scope,
compatibility and capabilities of these systems. The consultant will work very closely
with KPLC ICT Auditors during the exercise for the purposes of knowledge/skill
transfer.
The consultant’s contact person in this assignment will be the General Manager, Internal
Audit and Risk. The Consultant will submit the final report to the Board Audit and Risk
committee and the Managing Director and CEO.
2.1 Overall Objective of the Engagement
The objective of this exercise is to provide an independent assurance on the KPLC ICT
systems by undertaking a “Top to Bottom’’ audit that will be but not limited to: Re-
assess the functional scope, cost effectiveness, compatibility, continuity and capabilities
of these systems
2.1.1 The specific objectives for the engagement include the following:
Ensure that the intended objectives of the ICT systems and solutions are met and
aligned to meet the business objectives of the Company;
Ascertain whether the Company is getting maximum benefits out of the ICT
investments thus far undertaken and has received optimal value for money on the
ICT investments;
Evaluate the effectiveness of IT general and application controls implemented by
the Company to safe guard the ICT systems from IT and business risks;
Determine if the current systems, applications, communication links and network
are configured securely to safeguard against unauthorized access.
Establish the effectiveness and continuity of the support arrangement/structure.
Establish the adequacy of IT infrastructure currently deployed for the business
applications and possible future needs.
Evaluate the effectiveness of the current ICT continuity and recovery strategies.
2.2 Scope 2.2.1 ICT cost and investment management
Review the formal ICT investment plans and determine whether they are aligned to ICT
& business strategy;
Review the ICT systems and maintenance costs based on the original business case to
determine if value for money is achieved;
Conduct an assessment on Software/Hardware Licenses with the objective of optimizing
the investments and reducing the TCO.
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Evaluate ICT management contracting practices, assessment, monitoring and
prioritization when procuring ICT investments; and
Establish to what extent the ICT systems are meeting the needs of its various users in
the company.
2.2.2 Information Security
Review ICT policies and benchmark, it against the international standard ISO
27001:2013;
Review ICT Security Controls (Database Security, Security Policy, LAN Security,
Access Rights and Privileges, Email Security).
Review the capacity and capability of the ICT Security function.
Perform an external and internal penetration test and vulnerability assessment on the
Company’s ICT infrastructure. The test shall cover network environment, server(s)
operating system security, application and database server(s), corporate website and
portals, internet routers and firewalls, mobile applications, etc.
Identify potential ICT risk factors and perform impact analysis.
2.2.3 Business Applications Review
Review the functionality of the implemented business applications and identify any
system functionality gaps;
Evaluate change, configuration and release management practices to determine whether
scheduled and non-scheduled changes made to the Company’s production environment
are adequately controlled and documented;
Review Software Development and Software Change Controls. This should include an
assessment of ICT change management procedures and controls in place
Review key processes for each application (‘end to end’) tracing that data path and
testing automated controls;
Review the procedures and controls over input, processing and output to ensure that
information captured is complete and accurate, information processing complies with
required business rules, and information generated is accurate, reliable and timely;
Perform transaction tests using CAATs to verify the accuracy, completeness and
integrity of financial and management reports generated by the Company’s business
applications; and
Perform reconciliation tests between interfaces to determine whether implemented
interfaces are operating as required.
2.2.4 Business Continuity and System Availability
Review the Business Continuity Management System (BCMS) if any and benchmark it
against international standard ISO 22301:2012;
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Review the disaster recovery plan and identify gaps through comparing the current DRP
documentation based on business requirements, problem alert and escalation procedures,
change management processes, backup strategies, technical schema, offsite backup
processes and storage procedures against industry best practice;
Review the disaster recovery mechanism in place and determine its viability and
functionality; and
2.2.5 ICT Infrastructure Review
Evaluate the Enterprise ICT architecture to determine its integration to business
functions
Carry out an assessment to determine applications/systems with duplicated
functionalities.
Review Governance of ICT function (ICT Principles, Architecture, Structure,
Infrastructure Strategies, Institutional Application needs, ICT Investment).
Review Network Design and Equipment for Redundancy/Business Continuity (fail
over/fail back)
Review the servers and network capacity and determine if they are adequate to run
company’s business activities;
Review network capacity/speed and response times and evaluate the adequacy to meet
the Company needs.
Review the LAN segmentation, logical segmentation in terms of VLANs if any,
firewalls used, IDS systems, spam filters and network monitoring tools. In addition,
review the configuration of the routers, switches and firewalls.
2.2.6 ICT Support and Third Parties
Evaluate the ICT organizational structure and capacity and ascertain whether it is
optimal to support the company’s strategies and objectives;
Assess the ICT Service Management practices and benchmark with industry best
practices.
Evaluate the extent and effectiveness of provision of service by third parties.
Review operational constraints that may affect or are affecting the ICT systems
performance in terms of:
a) People
b) Processes
c) Technology
d) Suppliers / Consultants.
e) Any other
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2.3 THE CONSULTANT
Will be expected to work with the General Manager, Internal Audit and Risk and is
expected to carry out tasks in accordance with the project work plan.
Will provide the following Reports as also stipulated in Section XIV – Methodology
And Workplan : -
a) Detailed workplan and team composition,
b) Inception Report
b) Interim Progress Report
i) First Status Report
ii) Second Status Report
c) Draft Report
d) Final Report
The project should be completed within 60 Days (two months) with the following key
milestones:-
Fortnightly briefing should be made on the progress of the Review.
Inception report should be submitted within 15 (fifteen) days of
commencement
A final report to be submitted within 15 (fifteen) days after completion of
the assignment.
Will be provided with an on-site office
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SECTION I - INVITATION TO TENDER
DATE: JANUARY, 2019
TENDER REFERENCE TENDER NO. KP1/9A.2/OT/27/AUDIT/18-19
NUMBER AND NAME: PROCUREMENT OF A FIRM TO CARRY OUT AN
AUDIT OF KPLC ICT SYSTEMS
1.1 Introduction.
The Kenya Power & Lighting Company Ltd (KPLC) invites bids from eligible
Tenderers for the procurement of an Independent Auditor to carry out a review of KPLC
ICT Systems. Interested eligible Tenderers may obtain further information from the
General Manager, Supply Chain. The Kenya Power & Lighting Company Ltd at Stima
Plaza, 3rd Floor, Kolobot Road, P.O. Box 30099 – 00100 Nairobi, Kenya.
1.2 Submission of Tender documents
Completed Tenders are to be saved as PDF documents marked
KP1/9A.2/OT/27/AUDIT/18-19 FOR PROCUREMENT OF A FIRM TO CARRY
OUT AN AUDIT OF KPLC ICT SYSTEMS and submitted/uploaded in the KPLC
E-Procurement Web Portal found on the KPLC website (www.kplc.co.ke) so as to be
received on or before 19th February 2019 at 10.00 a.m.
(Manual documents shall not be accepted)
1.3 Prices
Offered Price should be inclusive of all taxes, duties, levies and delivery costs to the
premises (where applicable) of KPLC or other specified site must be in Kenya Shillings
and shall remain valid for one hundred and eighty (180) days from the closing date of
the tender.
Please note that prices indicated on the KPLC tendering portal should be exclusive of
VAT.
1.4 Opening of submitted Tenders
Tenders will be opened promptly thereafter in the presence of the Tenderer’s or their
representatives who choose to attend in KPLC Stima Plaza, auditorium, Kolobot Road,
Parklands, Nairobi.
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SECTION II - TENDER PROPOSAL CHECKLIST
2.1 Technical and Financial Tender Proposals
The consultants are invited to submit one proposal comprised of two parts: Technical and
Financial.
Technical Proposal only may be submitted in assignments where KPLC intends to apply
standard conditions of engagement and scales of fees for professional services which are
regulated as is the case with Building and Civil Engineering Consulting services. In such
a case the highest ranked firm of the technical Proposal shall be invited to negotiate a
contract on the basis of scale fees. The Proposal will be the basis for Contract negotiations
and ultimately for a signed Contract with the selected firm.
2.2 Preparation of Technical Proposal
The Tenderer’s proposal shall be written in English language
In preparing the Technical Proposal, tenderers are expected to examine this document in
detail. Material deficiencies in providing the information requested may result in rejection
of a Proposal.
While preparing the Technical Proposal, Tenderers must give particular attention to the
following:
If a firm considers that it does not have all the expertise for the assignment, it may obtain
a full range of expertise by associating with individual consultant(s) and/or other firms or
entities in a joint venture or sub-consultancy as appropriate. Consultants shall not
associate with the other consultants invited for this assignment. Any firms associating in
contravention of this requirement shall automatically be disqualified.
The proposal shall however be based on the number of professional staff-time estimated
by the firm.
ii. It is desirable that the majority of the key professional staff proposed be
permanent employees of the firm or have an extended and stable working
relationship with it.
iii. Proposed professional staff must as a minimum, have the experience
indicated in Appendix, preferably working under conditions similar to
those prevailing in Kenya.
The Technical Proposal shall provide the following additional information using the
attached Standard Forms;
A brief description of the firm’s organization and an outline of recent experience on
assignments of a similar nature. For each assignment the outline should indicate inter
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alia, the profiles of the staff proposed, duration of the assignment, contract amount and
firm’s involvement.
2.2.1 Any comments or suggestions on the Terms of Reference, a list of services and
facilities to be provided by the Client.
2.2.2 A description of the methodology and work plan for performing the assignment.
2.2.3 The list of the proposed staff team by specialty, the tasks that would be assigned to
each staff team member and their timing.
2.2.4 CVs recently signed by the proposed professional staff and the authorized
representative submitting the Proposal. Key information should include number of
years working for the firm/entity and degree of responsibility held in various
assignments during the last ten (10) years.
2.2.5 Estimates of the total staff input (professional and support staff time) needed to carry
out the assignment supported by bar chart diagrams showing the time proposed for
each professional staff team member.
2.2.6 A detailed description of the proposed methodology, staffing and monitoring of
training.
2.2.7 The Technical Proposal shall not include any financial information.
2.3 Preparation of Financial Proposal
2.3.1 Financial Proposal should follow Standard Forms. It lists all costs associated with the
assignment including; (a) remuneration for staff (in the field and at headquarters), and;
(b) reimbursable expenses such as subsistence (per diem, housing), transportation
(international and local, for mobilization and demobilization), services and equipment
(vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of
documents, surveys, and training, if it is a major component of the assignment. If
appropriate these costs should be broken down by activity.
2.3.2 The Financial Proposal should clearly identify as a separate amount, the local taxes,
duties, fees, levies and other charges imposed under the law on the consultants, the
sub-consultants and their personnel, unless Appendix “A” specifies otherwise.
2.3.3 Consultants shall express the price of their services in Kenya Shillings.
2.3.4 Commissions and gratuities, if any, paid or to be paid by consultants and related to the
assignment will be listed in the Financial Proposal Form.
2.3.5 The Proposal must remain valid for 120 days after the proposal date. During this
period, the consultant is expected to keep available, at his own cost, the professional
staff proposed for the assignment. If KPLC wishes to extend the validity period of the
proposals, the consultants shall agree to the extension.
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2.4 Proposal, Receipt and Opening of Proposals
2.4.1 The original Proposal (Technical and Financial) shall be prepared in indelible ink. It
shall contain no interlineation or overwriting, except as necessary to correct errors
made by the firm itself. Any such corrections must be initialed by the persons or person
authorized to sign the Proposals.
2.4.2 Completed Tenders are to be saved as PDF documents marked
KP1/9A.2/OT/27/AUDIT/18-19 FOR PROCUREMENT OF A FIRM TO
CARRY OUT AN AUDIT OF KPLC ICT SYSTEMS and submitted in the
KPLC E-Procurement Web Portal found on the KPLC website
(www.kplc.co.ke)
2.4.3 The completed Technical and Financial Proposals must be delivered at the Proposal
address on or before the time and date stated in the Invitation to Tender. Any Proposal
received after the closing time for proposal of Proposals shall be returned to the
respective consultant unopened.
2.5 Proposal Evaluation General
From the time the bids are opened to the time the Contract is awarded, if any consultant
wishes to contact KPLC on any matter related to his Proposal, they should do so in
writing at the address indicated in the invitation to tender. Any effort by the firm to
influence KPLC in the Proposal evaluation, Proposal comparison or Contract award
decisions may result in the rejection of any Proposal.
2.6 Negotiations
2.6.1 Negotiations will be held at the same address as indicated in the Invitation to Tender.
The aim is to reach agreement on all points and sign a contract.
2.6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
methodology (work plan), staffing and any suggestions made by the firm to improve the
Terms of Reference. KPLC and firm will then work out final Terms of Reference,
staffing and bar charts indicating activities, staff periods in the field and in the head
office, staff-months, logistics and reporting. The agreed work plan and final Terms of
Reference will then be incorporated in the “Description of Services” and form part of
the Contract. Special attention will be paid to getting the most the firm can offer within
the available budget and to clearly defining the inputs required from KPLC to ensure
satisfactory implementation of the assignment.
2.6.3 Unless there are exceptional reasons, the financial negotiations will not involve the
remuneration rates for staff (no breakdown of fees).
2.6.4 Having selected the firm on the basis of, among other things, an evaluation of proposed
key professional staff, KPLC expects to negotiate a contract on the basis of the experts
named in the Proposal. Before contract negotiations, KPLC will require assurances that
the experts will be actually available. KPLC will not consider substitutions during
contract negotiations unless both parties agree that undue delay in the selection process
makes such substitution unavoidable or that such changes are critical to meet the
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objectives of the assignment. If this is not the case and if it is established that key staff
were offered in the Proposal without confirming their availability, the firm may be
disqualified.
2.6.5 The negotiations will conclude with a review of the draft form of the Contract. To
complete negotiations KPLC and the selected firm will initial the agreed Contract. If
negotiations fail, KPLC will invite the firm whose Proposal received the second highest
score to negotiate a contract.
2.6.6 The procuring entity shall appoint a team for the purpose of the negotiations.
2.7 Award of Contract
2.7.1 The Contract will be awarded following negotiations. After negotiations are completed,
KPLC will promptly notify other consultants that they were unsuccessful.
2.7.2 The selected firm is expected to commence the assignment on the date and at the location
specified in the Contract.
2.7.3 The parties to the contract shall have it signed within 14 days from the date of notification
of contract award unless there is an administrative review request.
2.7.4 The procuring entity may at any time terminate procurement proceedings before contract
award and shall not be liable to any person for the termination.
2.7.5 The procuring entity shall give prompt notice of the termination to the tenderers and on
request give its reasons for termination within 14 days of receiving the request from any
tenderer.
2.7.6 To qualify for contract awards, the tenderer shall have the following:
a. Necessary qualifications, capability experience, services, equipment and
facilities to provide what is being procured.
b. Legal capacity to enter into a contract for procurement
2.7.7 Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and
is not the subject of legal proceedings relating to the foregoing.
2.7.8 Shall not be debarred from participating in public procurement.
2.8 Confidentiality
Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the consultants who submitted the Proposals or to other
persons not officially concerned with the process, until the winning firm has been
notified that it has been awarded the Contract.
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INFORMATION TO CONSULTANTS
1. The name of KPLC is: KENYA POWER AND LIGHTING COMPANY LIMITED
2. The method of selection is: TENDER
3. Technical and Financial Proposals are requested: YES
The name of the Project is PROCUREMENT OF A FIRM TO CARRY OUT AN AUDIT
OF KPLC ICT SYSTEMS 4. A pre-Proposal conference will be held: NO
The name, address and telephone numbers of the Client’s official(s) are: THE KENYA POWER & LIGHTING COMPANY LIMITED
CENTRAL OFFICE, STIMA PLAZA,
KOLOBOT ROAD, PARKLANDS,
P.O. BOX 30099-00100,
NAIROBI,
KENYA.
5. KPLC will provide inputs: AS APPROPRIATE
6. The estimated number of professional staff months required for the assignment is: AS
APPROPRIATE
7. The minimum required experience of proposed professional staff is: __________TO BE EVALUATED___________________________ 8. Training is a specific component of this assignment: __________AS INDICATED_______________________________________
9. Taxes: PROVIDE INFORMATION AS APPROPRIATE
10. Consultants must submit an original and ONE additional copy of each Proposal.
11. Proposals must be submitted online not later than the following date and time: 19th
February, 2019 at 10.00 a.m.
12. The minimum technical score required to pass is 80 marks
11. Alternative formulae for determining the financial scores is as provided
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12. The assignment is expected to commence on ………………………………. 13. Completion Period
The project should be completed within 60 Days (two months) with the following key
milestones:-
Fortnightly briefing should be made on the progress of the Review.
Inception report should be submitted within 15 (fifteen) days of
commencement
A final report to be submitted within 15 (fifteen) days after completion of
the assignment.
2.9 Technical Proposal Notes on the preparation of the Technical Proposals
2.9.1 In preparing the Technical Proposals the consultant is expected to examine all terms and
information included in this document. Failure to provide all requested information shall
be at the consultants own risk and may result in rejection of the consultant’s Proposal.
2.9.2 The Technical Proposal shall provide all required information and any necessary
additional information and shall be prepared using the standard forms provided in this
Section.
2.9.3 Table of Contents
1. Technical Proposal form
2. Firms References
3. Comments and suggestions of consultants on the Terms of reference and on data,
services and facilities to be provided by the procuring entity
4. Description of the methodology and work plan for performing the assignment
5. Team composition and Task assignments
6. Format of Curriculum Vitae (CV) for proposed Professional staff
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2.9.4 Technical Proposal Form
[_______________ Date]
To: ______________________ [Name and address of Client)
Ladies/Gentlemen:
We, the undersigned, offer to provide the-------------------------------------------------------
------
--- in accordance with your Request for Proposal dated ______________________
[Date] and our Proposal. We are hereby submitting our Proposal, which includes this
Technical Proposal.
We understand you are not bound to accept any Proposal that you receive.
We remain,
Yours sincerely,
_______________________________ [Authorized Signature]:
________________________________ [Name and Title of Signatory]
_________________________________ [Name of Firm]
_________________________________ [Address:]
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2.9.5 Firm’s References Relevant assignments carried out in the last five years that best indicate competence of
the firm. Using the format below, provide information on each assignment for which your firm either
individually, as a corporate entity or in association, was legally contracted.
Project Name
Name of Client
and Type of Work Year of Value of Contact Person Performed Completion Contract
Firm’s Name: ___________________________________
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2.9.6 Comments and Suggestions of Firms on the Terms of Reference and on Information,
Services And Facilities To Be Provided by the Client. On the Terms of Reference:
1. 2. 3. 4. 5. On the information, services and facilities to be provided by the
Client:
1. 2. 3. 4. 5.
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2.9.7 Description of the Methodology and Work Plan for Performing the Assignment
2.9.8 Team Composition and Task Assignments 2.9.8.1 Technical/Managerial Staff
Name Position Task
2.9.8.2 Support Staff
Name Position Task
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2.9.8.3 Format of Curriculum Vitae (CV) For Proposed Professional Staff
Proposed Position: ________________________________________________
Name of Firm: ___________________________________________________
Name of Staff: ___________________________________________________
Profession: _____________________________________________________
Date of Birth: ____________________________________________________
Years with Firm: ________________ Nationality: ______________________
Membership in Professional Societies: _______________________________
Detailed Tasks Assigned: ___________________________________________
Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks
on assignment. Describe degree of responsibility held by staff member on relevant
previous assignments and give dates and locations].
Education:
[Summarize college/university and other specialized education of staff member,
giving names of schools, dates attended and degree[s] obtained.]
Employment Record:
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[Starting with present position, list in reverse order every employment held. List
all positions held by staff member since graduation, giving dates, names of
employing organizations, titles of positions held, and locations of assignments.]
Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications,
and my experience.
______________________________________________Date: ______________ [Signature of staff member] _________________________________________________________________
Date;
______________ [Signature of authorized representative of the firm]
Full name of staff member: __________________________________________
Full name of authorized representative: _________________________________
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A. Tender Submission Format - Non-Financial Proposal
This order and arrangement shall be considered as the Tender Submission Format, Non-
Financial. Tenderers shall tick against each item indicating that they have provided it.
No. Item Tick Where
Provided
1 Declaration Form
2 Duly completed Tender Form
3 Copy of Company or Firm’s Registration Certificate
4 Copy of PIN Certificate
5 Copy of Trading License
Copy of VAT Certificate
6 Copy of Valid and Current Tax Compliance Certificate
7 Confidential Business Questionnaire (CBQ)
8 Firm Profile
9 CVs of all Team Members including Team Leader
10 Academic and Professional Certificates of all Team Members
including Team Leader
11 Names with full contact as well as physical addresses of previous
clients of similar services
12 Any other document or item required by the Tender Document that
is non-financial. (The Tenderer shall specify such other documents
or items it has submitted)
13. And any other required
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B. Tender Submission Format – Financial Proposal
This order and arrangement shall be considered as the Tender Submission Format,
Financial. Tenderers shall tick against each item indicating that they have provided it.
No. Item Tick Where
Provided
1 Complete Price Schedules
2 Audited Financial Statements of the Tenderer. The audited
financial statements required must be those that are reported
within eighteen (18) calendar months of the Date of the Tender
Document.
3 Any other document or item required by the Tender Document
that is financial. (The Tenderer shall specify such other documents
or items it has submitted)
4. And any other required
*NOTES TO TENDERERS ON TENDER SUBMISSION CHECKLIST
1. Valid Tax Compliance Certificate shall be one issued by the relevant tax authorities
and valid for at least up to the tender closing date. All Kenyan registered Tenderers
must provide a valid Tax Compliance Certificate.
2. All Kenyan registered Tenderers must provide the Personal Identification Number
Certificate (PIN Certificate).
3. A non-financial document or item includes one that does not contain or reveal the
tender price(s) of the services and the required audited financial statements. A
Tenderer shall not submit financial documents or items in the Non-financial
tender.
4. A financial document or item includes one that contains all information on the
tender price(s) of the services and the required audited financial statements. A
Tenderer shall not insert Non-financial documents or items in the financial
tender.
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TABLE OF PARAGRAPHS ON INSTRUCTIONS TO TENDERERS
Paragraph No. Headings
3.1 Definitions…………………………………………..…….……
3.2 Eligible Tenderers………………………………………...……
3.3 Declaration of Eligibility ………………………………………
3.4 Pre-Bid Meeting …………………………………………………
3.5 Cost of Tendering ………………………………………...……
3.6 Contents of the Tender Document……………………………….
3.7 Clarification of Documents………………………………...…..
3.8 Amendment of Documents……………………………….……
3.9 Language of Tender.……………………………………...….…
3.9 Documents Comprising the Tender.……………………...…….
3.11 Tender Form……………………………………………...……..
3.12 Tender Prices ……………………………………………...…….
3.13 Tender Currencies……………………………………….…..…..
3.14 Tenderer’s Eligibility and Qualifications……………….…..……
3.15 Past Record……………….………………………………………
3.16 Conformity of Services to Tender Documents………………...…
3.17 Deviations…………………..……………………………………
3.18 Demonstration(s), Inspections and Tests…………….………….
3.19 Validity of Tenders …………………………………….…..…..
3.20 Alternative Offers.…………………………………….…….…..
3.21 Number of Sets of and Tender Format…………………..……..
3.22 Preparation and Signing of The Tender…………………..……..
3.23 Sealing and Outer Marking of Tenders…………………..……..
3.24 Deadline for Submission of Tender ..…………………….….….
3.25 Modification and Withdrawal of Tenders……………….………
3.26 Opening of Tenders………………………………………….….
3.27 Process To Be Confidential……………………………………..
3.28 Clarification of Tenders and Contacting KPLC…………………
3.29 Preliminary Evaluation and Responsiveness………….………...
3.30 Minor Deviations, Errors or Oversights…………………………
3.31 Technical Evaluation and Comparison of Tenders…..…………..
3.32 Financial Evaluation……………………………………………..
3.33 Preferences………………………………………………………
3.34 Tender Evaluation Period……………………………………….
3.35 Debarment of a Tenderer………………………………….……
3.36 Confirmation of Qualification for Award……………………….
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3.37 Award of Contract….………………………………………..….
3.38 Termination of Procurement Proceedings………………………
3.39 Notification of Award……………………………………………
3.40 Signing of Contract ……………………………………….……..
3.41 Performance Security ……………………………………………
3.42 Terms of Payment………….………………………………………
3.43 Corrupt or Fraudulent Practices……..……………………………
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SECTION III - INSTRUCTIONS TO TENDERERS (ITT)
SECTION III - INSTRUCTIONS TO TENDERERS (ITT)
3.1 Definitions
In this tender, unless the context or express provision otherwise requires: -
a) Any reference to any Act shall include any statutory extension, amendment,
modification, re-amendment or replacement of such Act and any rule,
regulation or order made there-under.
b) “Date of Tender Document” shall be the start date specified on the KPLC
tendering portal.
c) “Day” means calendar day and “month” means calendar month.
d) “KEBS” wherever appearing means the Kenya Bureau of Standards or its
successor(s) and assign(s) where the context so admits.
e) “KENAS” wherever appearing means the Kenya National Accreditation
Service or its successor(s) and assign(s) where the context so admits
f) “PPRA” wherever appearing means The Public Procurement Regulatory
Authority or its successor(s) and assign(s) where the context so admits.
g) Reference to “the tender” or the “Tender Document” includes its
appendices and documents mentioned hereunder and any reference to this
tender or to any other document includes a reference to the other document
as varied supplemented and/or replaced in any manner from time to time.
h) “The Procuring Entity” means The Kenya Power and Lighting Company
Limited or its successor(s) and assign(s) where the context so admits
(hereinafter abbreviated as KPLC).
i) “The Tenderer” means the person(s) submitting its Tender for the supply,
installation and commissioning (where applicable) of the goods in response
to the Invitation to Tender.
j) Where there are two or more persons included in the expression the
“Tenderer”, any act or default or omission by the Tenderer shall be deemed
to be an act, default or omission by any one or more of such persons.
k) Words importing the masculine gender only, include the feminine gender or
(as the case may be) the neutral gender.
l) Words importing the singular number only include the plural number and
vice-versa and where there are two or more persons included in the
expression the “Tenderer” the covenants, agreements and obligations
expressed to be made or performed by the Tenderer shall be deemed to be
made or performed by such persons jointly and severally.
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m) KPLC’s “authorized person” shall mean its MD & CEO who is designated
by the PPAD Act 2015 to exercise such power, authority or
discretion as is required under the tender and any contract arising
therefrom, or such other KPLC staff delegated with such authority.
n) Citizen contractors-means a person/firm wholly owned and controlled by
person(s) who are citizens of Kenya.
o) Local contractors- a firm shall be qualified as a local contractor if it is
registered in Kenya.
3.2 Eligible Tenderers
3.2.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the
following criteria—
(a) the tenderer has the legal capacity to enter into a contract for
procurement or asset disposal;
(b) the tenderer is not insolvent, in receivership, bankrupt or in the process
of being wound up;
(c) the tenderer, if a member of a regulated profession, has satisfied all the
professional requirements;
(d) the tenderer and his or her sub-contractor, if any, is not debarred;
(e) the tenderer has fulfilled tax obligations;
(f) the tenderer has not been convicted of corrupt or fraudulent practices;
and
(g) is not guilty of any serious violation of fair employment laws and
practices.
In addition, this Invitation to Tender is open to all Tenderers eligible as described
in the
Appendix to Instructions to Tenderers.
Successful Tenderers shall supply the goods in accordance with this tender and the
ensuing contract.
3.2.2 In addition the tenderer shall be considered ineligible to bid, where in
case of a corporation, private company, partnership or other body, the tenderer,
their spouse, child or sub-contractor has substantial or controlling
interest and is found to be in contravention of the provisions of section 3.2.1
above.
3.2.5 Despite the provisions of section 3.2.3 and 3.2.4, a tenderer having a
substantial or controlling interest shall be eligible to bid where—
(a) such tenderer has declared any conflict of interest; and
(b) performance and price competition for that good, work or service is
not available or can only be sourced from that tenderer.
3.2.6 For the purposes of this paragraph, any relative i.e. spouse(s) and child(ren) of any
person mentioned in sub-paragraph 3.2.3 is also ineligible to participate in the
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tender. In addition, a Cabinet Secretary shall include the President, Deputy
President or the Attorney General of GoK.
3.2.7 Tenderers shall provide the qualification information statement that the Tenderer
(including subcontractors) is not associated, or have been associated in the past,
directly or indirectly, with a firm or any of its affiliates which have been engaged
by KPLC to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the goods
under this Invitation to Tender.
3.2.8 Tenderers shall not be under declarations as prescribed at Section XIII.
3.2.9 Tenderers who are not under these declarations shall complete the Declaration
Form strictly in the form and content as prescribed at Section XIII.
3.2.10 Those that are under the Declaration as prescribed at Section XIII whether currently
or in the past shall not complete the Form. They will submit a suitable Form giving
details, the nature and present status of their circumstances.
3.3 Joint Venture
3.3.1 Tenders submitted by a joint venture of two or more firms, as partners shall comply
with the following requirements: -
a) the Tender Form and in case of a successful tender, the Contract Agreement
Form, shall be signed so as to be legally binding on all partners of the joint
venture.
b) one of the partners shall be nominated as being lead contractor, and this
authorization shall be evidenced by submitting a Power of Attorney signed
by legally authorized signatories of all the partners.
c) The Power of Attorney which shall accompany the tender, shall be granted
by the authorized signatories of all the partners as follows:-
(i.) for local bidders, before a Commissioner of Oaths or a Notary Public
or Magistrate of the Kenyan Judiciary.
(ii.) for a foreign bidder, before a Notary Public, or the equivalent of a
Notary Public, and in this regard the bidder shall provide
satisfactory proof of such equivalence.
d) the lead contractor shall be authorized to incur liability and receive
instructions for and on behalf of any and all the partners of the joint venture
and the entire execution of the contract including payment shall be done
exclusively with the lead contractor.
3.3.2 All partners of the joint venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms, and a relevant
statement to this effect shall be included in the authorization mentioned in
paragraph 3.3.1 (b) above as well as in the Form of Tender and the Contract
Agreement Form (in case of the accepted tender).
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3.3.3 A copy of the agreement entered into by the joint venture partners shall be
submitted with the tender.
3.4 Cost of Tendering
3.4.1 The Tenderer shall bear all costs associated with the preparation and submission of
its Tender, and KPLC will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the tendering process.
3.5 Contents of the Tender Document
3.5.1 The Tender Document comprises the documents listed below and Addendum
(where applicable) issued in accordance with paragraph 3.7 of these Instructions to
Tenderers: -
a) Invitation to Tender
b) Tender Submission Checklist
c) Instructions to Tenderers
d) Appendix to Instructions to Tenderers
e) Schedule of Requirements
f) Project Implementation Schedule
g) Price Schedule for Services
h) Evaluation Criteria
i) General Conditions of Contract
j) Special Conditions of Contract
k) Tender Form
l) Confidential Business Questionnaire Form
m) Tender Security Form
n) Manufacturer’s Authorization Form- N/A
o) Manufacturer’s Warranty- N/A
p) Declaration Form
q) Contract Form
r) Performance Security Form
s) Details of Service
(i.) General Requirements
(ii.) Specific Details of Services
3.5.2 The Tenderer is expected to examine all instructions, forms, provisions, terms and
specifications in the Tender Document. Failure to furnish all information required
by the Tender Document or to submit a tender not substantially responsive to the
Tender Document in every respect will be at the Tenderer’s risk and may result in
the rejection of its Tender.
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3.5.3 All recipients of the documents for the proposed Contract for the purpose of
submitting a tender (whether they submit a tender or not) shall treat the details of
the documents as “Private and Confidential”.
3.6 Clarification of Documents
A prospective Tenderer requiring any clarification of the Tender Document may
notify the General Manager Supply Chain in writing and ensure receipt is
acknowledged at KPLC’s Physical address indicated on the Tender Document.
KPLC will respond in writing to any request for clarification of the Tender
documents, which it receives not later than seven (7) days prior to the deadline for
the submission of Tenders, prescribed by KPLC. Written copies of KPLC’s
response (including an explanation of the query but without identifying the source
of inquiry) will be published and accessible to all prospective Tenderers on the
KPLC’s tendering portal.
3.7 Amendment of Documents
3.7.1 At any time prior to the deadline for submission of Tenders, KPLC, for any reason,
whether at its own initiative or in response to a clarification requested by a
prospective Tenderer, may modify the tender documents by amendment.
3.7.2 All prospective Tenderers that have registered in the portal for the Tender will be
notified of the amendment(s) (hereinafter referred to or otherwise known as
addendum) in writing and will be binding on them.
3.7.3 In order to allow prospective Tenderers reasonable time in which to take the
amendment into account in preparing their Tenders, KPLC, at its discretion, may
extend the deadline for the submission of Tenders.
3.8 Language of Tender
The Tender prepared by the Tenderer, as well as all correspondence and documents
relating to the tender, exchanged between the Tenderer and KPLC, shall be written
in English language. Any printed literature furnished by the Tenderer written in any
other language shall be accompanied by an accurate English translation of the
relevant passages, in which case, for purposes of interpretation of the Tender, the
English translation shall govern. The English translation shall be on the Tenderer’s
letterhead and shall be signed by the duly authorized signatory signing the Tender
and stamped with the Tenderer’s stamp.
3.9 Documents Comprising the Tender
The Tender prepared and submitted by the Tenderers shall include but not be
limited to all the following components: -
a) Declaration Form, Tender Form and a Price Schedule completed in
compliance with paragraphs 3.2, 3.10, 3.11 and 3.12.
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b) Documentary evidence established in accordance with paragraph 3.13 that
the Tenderer is eligible to tender and is qualified to perform the contract if
its tender is accepted.
c) Documentary evidence established in accordance with paragraph 3.14 that
the services and any ancillary thereto to be provided by the Tenderer
conform to the tender documents, and,
d) Tender Security furnished in accordance with paragraph 3.17
e) A detailed list of previous customers as prescribed for similar services on
tender and their contact addresses shall be submitted with the Tender for
the purpose of reference, or for evaluation where the Details of Service so
dictate.
f) And all other documents indicated in Section II (Tender Submission
Checklist)
3.10 Tender Form
The Tenderer shall complete and sign the Tender Form and all other documents
furnished in the Tender Document, indicating the services to be performed, a brief
description of the services, quantity (where applicable), and prices amongst other
information required.
3.11 Tender Prices
3.11.1 The Tenderer shall indicate on the appropriate Price Schedule, the unit prices
(where applicable) and total tender price of the services it proposes to provide under
the contract.
3.11.2 Prices indicated on the Price Schedule shall be of all costs for the services including
insurances, duties, Value Added Tax (V.A.T) and other taxes payable. No other
basis shall be accepted for evaluation, award or otherwise.
3.11.3 Tender prices to be submitted (quoted) by the Tenderer shall remain fixed for
the contract duration.
3.11.4 A price that is derived by a disclosed incorporation or usage of an international
accepted standard formula shall be acceptable within the meaning of this paragraph.
3.12 Tender Currencies
3.12.1 For services that the Tenderer will provide from within or outside Kenya, the prices
shall be quoted in Kenya Shillings, or in another freely convertible currency in
Kenya. The currency quoted must be indicated clearly on the Price Schedule of
Services.
3.12.2 The exchange rate to be used for currency conversion shall be the Central Bank of
Kenya selling rate prevailing on the Tender closing date. (Please visit the Central
Bank of Kenya website).
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3.13 Tenderer’s Eligibility and Qualifications
3.13.1 Pursuant to paragraph 3.2, the Tenderer shall furnish, as part of its Tender,
documents establishing the Tenderer’s eligibility to tender and its qualifications to
perform the contract if its Tender is accepted.
3.13.2 The documentary evidence of the Tenderer’s qualifications to perform the contract
if its Tender is accepted shall be established to KPLC’s satisfaction –
a) that, in the case of a Tenderer offering to perform the services under the
contract which the Tenderer is not the Principal, the Tenderer has been duly
authorized by the Manufacturer, Principal or Producer to provide the
services. The authorization shall strictly be in the form and content as
prescribed in the Manufacturer’s or Principal’s Authorization Form in the
Tender Document – N/A for this tender
b) that the Tenderer has the financial capability necessary to perform the
contract. The Tenderer shall be required to provide the documents as
specified in the Appendix to Instructions to Tenderers including a current
Tax Compliance Certificate issued by the relevant tax authorities.
c) that the Tenderer has the technical and production capability necessary to
perform the contract.
d) that, in the case of a Tenderer not doing business within Kenya, the
Tenderer is or will be (if awarded the contract) represented by an agent in
Kenya equipped, and able to carry out the Tenderer’s maintenance, repair,
spare parts and stocking obligations prescribed in the Conditions of
Contract and or in the Details of Service.
e) that the Tenderer is duly registered and is a current member of a recognized
body or institution accredited and or pertaining to that service.
3.13.3 The Tenderer will furnish KPLC with a copy of the accreditation or recognition
certificate as applicable. KPLC reserves the right to subject the certificate to
authentication.
3.13.4 Tenderers with a record of unsatisfactory or default in performance obligations in
any contract shall not be considered for evaluation or award. For the avoidance of
doubt, this shall include any Tenderer with unresolved case(s) in its obligations for
more than two (2) months in any contract.
3.14 Conformity of Services to Tender Documents
3.14.1 The Tenderer shall furnish, as part of its tender, documents establishing the
conformity to the Tender Document of all services that the Tenderer proposes to
perform under the contract.
3.14.2 The documentary evidence of conformity of the services to the Tender Document
may be in the form of literature, drawings, and data, and shall (where applicable)
consist of: -
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a) a detailed description of the essential technical and performance
characteristics of the services whether in catalogues, drawings or
otherwise,
b) a list giving full particulars, including available source and current prices
of spare parts, special tools and other incidental apparatus necessary for
the proper and continuing performance of the services for a minimum
period of two (2) years following commencement of the provision of the
services to KPLC, and,
c) duly completed Statement of Compliance to KPLC’s Details of Service
demonstrating substantial responsiveness of the service to those Details or,
a statement of deviations and exceptions to the provisions of the Details of
Service.
3.14.3 For purposes of the documentary and other evidence to be furnished pursuant to
sub-paragraphs 3.14.1, 3.14.2 and paragraph 3.15, the Tenderer shall note that
standards for workmanship, material, and equipment, designated by KPLC in its
Details of Service are intended to be descriptive only and not restrictive. The
Tenderer may adopt higher standards in its Tender, provided that it demonstrates to
KPLC’s satisfaction that the substitutions ensure substantial equivalence to those
designated in the Details of Service.
3.15 Demonstration(s), Inspection(s) and Test(s)
3.15.1 Where required in the tender, all Tenderers shall demonstrate ability of
performance of the required service in conformity with the Details of Services.
3.15.2 KPLC or its representative(s) shall have the right to inspect/ test the Tenderer’s
capacity, equipment, premises, and to confirm their conformity to the tender
requirements. This shall include the quality management system. KPLC’s
representative(s) retained for these purposes shall provide appropriate identification
at the time of such inspection/ test.
3.15.3 KPLC shall meet its own costs of the inspection/ test. Where conducted on the
premises of the Tenderer(s), all reasonable facilities and assistance, including
access to drawings and production data, shall be furnished to the inspectors at no
charge to KPLC.
3.15.4 Demonstration, Inspection/ Test Report(s) shall be completed upon conclusion of
the inspection/ tests. This Report will be considered at time of evaluation and or
award.
3.16 Warranty
3.16.1 Where required in the Tender, all Tenderers must also provide a Warranty that
services to be rendered in the Tenderer’s bid have no defect arising from
manufacture, materials or workmanship or from any act or omission of the Tenderer
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that may develop under normal use or application of the services under the
conditions obtaining in Kenya.-N/A for this tender
3.16.2 This warranty will remain valid for the period indicated in the special conditions of
contract after the services, or any portion thereof as the case may be, have been
rendered.
3.17 Tender Security
3.17.1 The Tenderer shall furnish, as part of its Tender, a tender security for the amount
specified in the Appendix to Instructions to Tenderers. The Original Tender
Security, in a clearly labelled envelop, shall be deposited in the Tender Security
Box on 3rd floor Stima plaza (Procurement Department) on or before the opening
date and time and receipt acknowledged by KPLC evidenced by a stamped copy.
3.17.2 The tender security shall be either one or a combination of the following:-
a) an original Bank Guarantee that is strictly in the form and content as
prescribed in the Tender Security Form (Bank Guarantee) in the Tender
Document.
b) For Local bidders, Standby Letters of Credit (LC). All costs, expenses and
charges levied by all banks party to the LC shall be prepaid/borne by the
Tenderer. The LC must contain all the mandatory conditions of payment to
KPLC as prescribed in the Tender Security (Letters of Credit) provided in
the Tender Document.
c) For Foreign bidders, Standby Letters of Credit (LC) confirmed by a bank in
Kenya. All costs, expenses and charges levied by all banks party to the LC
including confirmation charges shall be prepaid/borne by the Tenderer. The
LC must contain all the mandatory conditions of payment to KPLC as
prescribed in the Tender Security (Letters of Credit) provided in the Tender
Document.
d) An original Guarantee by a deposit taking Microfinance Institution, Sacco
Society, Youth Enterprise Development Fund or the Women Enterprise
Fund, that is strictly in the form and content as prescribed in the Tender
Security Form
3.17.3 The tender security is required to protect KPLC against the risk of the Tenderer’s
conduct which would warrant the security’s forfeiture pursuant to paragraph
3.17.10.
3.17.4 The Tender Security shall be denominated in Kenya Shillings or in another freely
convertible currency in Kenya. A Tender Security in form of a Bank Guarantee or
a Standby Letter of Credit issued on behalf of local bidders, should be from a
commercial bank licensed by the Central Bank of Kenya. A Tender Security in
form of a Standby Letter of Credit issued on behalf of foreign bidders by foreign
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banks, should be confirmed by a commercial bank licensed by the Central Bank of
Kenya.
3.17.5 The Tender Security shall be valid for one hundred and eighty (180) days beyond
the validity of the tender.
3.17.6 KPLC shall seek authentication of the Tender Security from the issuing bank. It is
the responsibility of the Tenderer to sensitize its issuing bank on the need to respond
directly and expeditiously to queries from KPLC. The period for response shall not
exceed five (5) days from the date of KPLC’s query. Should there be no conclusive
response by the bank within this period, such Tenderer’s Tender Security may be
deemed as invalid and the bid rejected.
3.17.7 Any Tender not secured in accordance with this paragraph will be rejected by
KPLC as non-responsive, pursuant to paragraph 3.26.
3.17.8 The unsuccessful Tenderer’s Tender Security will be released as promptly as
possible, in any of the following circumstances: -
a) the procurement proceedings are terminated
b) KPLC determines that none of the submitted Tenders is responsive
c) a contract for the procurement is entered into.
3.17.9 The successful Tenderer’s Tender Security will be released upon the successful
Tenderer’s signing the contract, pursuant to paragraph 3.39 and furnishing an
authentic Performance Security, pursuant to paragraph 3.40.
3.17.10 The Tender Security shall be forfeited –
a) if the Tenderer withdraws its Tender after the deadline for submitting
Tenders but before the expiry of the period during which the Tenders must
remain valid
b) if the Tenderer fails to enter into a written contract in accordance with
paragraph 3.39
c) if the successful Tenderer fails to furnish the performance security in
accordance with paragraph 3.40
d) if the Tenderer fails to extend the validity of the tender security where KPLC
has extended the tender validity period in accordance with paragraph 3.18.
3.18 Validity of Tenders
3.18.1 Tenders shall remain valid for one hundred and eighty (180) days after the date of
tender opening as specified in the Invitation to Tender or as otherwise may be
prescribed by KPLC, pursuant to paragraph 3.23. A Tender that is valid for a shorter
period shall be rejected by KPLC as non-responsive.
3.18.2 In exceptional circumstances, KPLC may extend the Tender validity period. The
extension shall be made in writing. The tender security provided under paragraph
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3.17 may also be extended. A Tenderer shall not be required nor permitted to
modify its tender during the extended period
3.19 Alternative Offers
Only main offers shall be considered, as alternative offers are not acceptable.
3.20 Preparation and Signing of the Tender
3.20.1 The Tender shall be typed or written in indelible ink. It shall be signed by the
Tenderer or a person or persons duly authorized to bind the Tenderer to the contract.
3.20.2 The authorization shall be indicated by a written Power of Attorney granted by the
Tenderer to the authorized person before any of the following persons:-
a) For local Tenderers, a Commissioner of Oaths or a Notary Public or a
Magistrate of the Kenyan Judiciary.
b) For foreign Tenderers, a Notary Public in the country of the Tenderer.
In either case above, the Power of Attorney shall accompany the Tender.
3.20.3 All pages of the Tender, including un-amended printed literature, shall be initialed
by the person or persons signing the Tender and serially numbered.
3.20.4 The Tender shall have no interlineations, erasures, or overwriting except as necessary
to correct errors made by the Tenderer, in which case such corrections shall be
initialed by the person or persons signing the Tender.
3.20.5 KPLC will assume no responsibility whatsoever for the Tenderer’s failure to
comply with or observe the entire contents of this paragraph 3.20.
3.20.6 Any Tender not prepared and signed in accordance with this paragraph may be
rejected by KPLC as non-responsive, pursuant to paragraph 3.26.
3.21 Deadline for Submission of Tenders
3.21.1 Tenders must be received by KPLC by the date and time specified in KPLC’s
tendering portal in PDF form.
3.21.2 KPLC may, at its discretion, extend this deadline for submission of Tenders by
amending the tender documents in accordance with paragraph 3.7, in which case
all rights and obligations of KPLC and the Tenderer previously subject to the initial
deadline, will therefore be subject to the deadline as extended.
3.22 Modification and Withdrawal of Tenders
3.22.1 The Tenderer may modify or withdraw its Tender after it has submitted, provided
that the modification, including substitution or withdrawal of the Tender is received
by KPLC prior to the deadline prescribed for submission of tenders.
3.22.2 No Tender may be modified after the deadline for submission of Tenders.
3.22.3 No Tender may be withdrawn in the interval between the deadline for submission
of tenders and the expiration of the period during which the Tender must remain
valid except where KPLC extends the initial validity period. Any withdrawal of a
Tender during this interval shall result in forfeiture of the Tenderer’s Tender
Security except where KPLC extends the initial validity period.
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3.23 Opening of Tenders
3.23.1 KPLC shall open all Tenders promptly at the date and time specified in the KPLC
tendering portal and at the location specified in the Invitation to Tender or as may
otherwise be indicated.
3.23.2 The Tenderer’s names, tender modifications or withdrawals, the presence or
absence of requisite Tender Security and such other details as KPLC, at its
discretion, may consider appropriate, will be announced at the opening.
3.23.3 At the Tender opening, tender prices, discounts, and such other details as KPLC, at
its discretion, may consider appropriate will be read out.
3.23.4 The Tenderers or their representatives may attend the opening and those present
shall sign a register evidencing their attendance.
3.24 Process to be Confidential
3.24.1 After the opening of tenders, information relating to the examination,
clarification, evaluation and comparisons of tenders and recommendations arising
there-from shall not be disclosed to a Tenderer or other person(s) not officially
concerned with such process until conclusion of that process.
3.24.2 Conclusion of that process shall be deemed to have occurred, at the latest, by the
date and time KPLC notifies the successful bidder(s). In any event, official
disclosure by KPLC of any information upon conclusion of that process may only
be to the unsuccessful bidders and may contain only the information permissible by
law in summary form.
3.24.3 Any effort by a Tenderer to influence KPLC or any of its staff members in the
process of examination, evaluation and comparison of tenders and information or
decisions concerning the Tender may result in the disqualification of the Tenderer.
3.25 Clarification of Tenders and Contacting KPLC
3.25.1 To assist in the examination, evaluation and comparison of Tenders KPLC may, at
its discretion, ask the Tenderer for a clarification of its Tender. The request for
clarification and the response shall be in writing, and no change in the prices or
substance of the Tender shall be sought, offered, or permitted.
3.25.2 The Tenderer is required to provide timely clarification or substantiation of the
information that is essential for effective evaluation of its qualifications. It is the
responsibility of the Tenderer to provide in writing the clarification or
substantiation which should reach KPLC within five (5) days from the date of
KPLC’s query. Such writing may include by electronic mail, facsimile or postal
mail. Should there be no conclusive response within this period, it shall result in
the Tenderer’s disqualification.
3.25.3 Save as is provided in this paragraph and paragraph 3.22 above, no Tenderer shall
contact KPLC on any matter related to its Tender, from the time of the tender
opening to the time the successful Tenderer is announced..
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3.25.4 Any effort by a Tenderer to influence KPLC in its decisions on tender evaluation,
tender comparison, tender recommendation(s) or signing of Agreement may result
in the disqualification of the Tenderer.
3.26 Preliminary Evaluation and Responsiveness
3.26.1 Prior to the detailed Technical and Financial evaluation, KPLC will determine the
substantial responsiveness of each Tender. For purposes of this tender, a
substantially responsive Tender is one that conforms to the requirements of
Preliminary Evaluation. KPLC’s determination of a Tender’s responsiveness is to
be based on the contents of the Tender itself without recourse to extrinsic evidence.
3.26.2 KPLC will examine the Tenders to determine whether they conform to the
Preliminary Evaluation Criteria set out in Section VI Evaluation Criteria.
3.26.3 Notwithstanding the contents of the foregoing sub-paragraphs, if a Tender is not
substantially responsive, it will be rejected at the earliest stage of evaluation by
KPLC and cannot subsequently be made responsive by the Tenderer by correction
of any non–conformity.
3.27 Minor Deviations, Errors or Oversights
3.27.1 KPLC may waive any minor deviation in a Tender that does not materially depart
from the requirements of the goods and or services set out in the Tender Document.
3.27.2 Such minor deviation -
3.27.2.1 shall be quantified to the extent possible,
3.27.2.2 shall be taken into account in the evaluation process, and,
3.27.2.3 shall be applied uniformly and consistently to all qualified Tenders duly
received by KPLC.
3.27.3 KPLC may waive errors and oversights that can be corrected without affecting the
substance of the Tender.
3.28 Technical Evaluation and Comparison of Tenders
3.28.1 KPLC will further evaluate and compare the Tenders that have been determined to
be substantially responsive, in compliance to the Details of Services set out in the
Tender Document and as per the prescribed Evaluation Criteria.
3.28.2 The Operational Plan is a critical aspect of the Tender. KPLC requires that the
Services shall be performed at the time specified in the Schedule of Requirements.
KPLC’s evaluation of a tender will also take into account the Operational Plan
proposed in the Tender. Tenderers offering to perform longer than KPLC’s required
delivery time will be treated as non-responsive and rejected.
3.29 Financial Evaluation
3.29.1 The financial evaluation and comparison shall be as set out in the Summary of
Evaluation Process. The comparison shall be
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a) of the price including all costs as well as duties and taxes payable on all the
materials to be used in the provision of the Services.
b) deviations in Payment Schedule from that specified in the Special
Conditions of Contract
3.29.2 Where other currencies are used, KPLC will convert those currencies to the
same currency using the selling exchange rate ruling on the date of tender closing
provided by the Central Bank of Kenya.
3.30 Preferences
3.30.1 Subject to availability and realization of the applicable international or local
standards, only such manufactured articles, materials or supplies wholly mined
and produced in Kenya shall be subject to preferential procurement. N/A for this
tender
3.30.2 Despite the above provisions, preference shall be given to —
(a) manufactured articles, materials and supplies partially mined or produced in
Kenya or where applicable have been assembled in Kenya; or
(b) firms where Kenyans are shareholders.
3.30.3 The threshold for the provision under 3.30.2 (b) shall be above fifty-one percent
of Kenyan shareholders.
3.30.1 In the evaluation of tenders, exclusive preference shall firstly be given to citizen
contractors where the amount of the tender as evaluated is below KShs. 500 Million
in respect of works, goods and services.
3.30.2 Where a person is entitled to more than one preference scheme, the scheme with
the highest advantage to the person shall be applied.
3.30.3 For purposes of this paragraph the Tenderer shall submit with its Tender, a valid
copy of certificate of Confirmation of Directorships and Shareholding issued and
signed by either the Registrar of Companies or Registrar of Business Names. This
certificate must not be more than three (3) months old from the Date of the Tender
Document. Kenya Power reserves the right to subject the certificate to
authentication.
3.31 Debarment of a Tenderer
A Tenderer who gives false information in the Tender about its qualification or who
refuses to enter into a contract after notification of contract award shall be
considered for debarment from participating in future public procurement.
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3.32 Confirmation of Qualification for Award
3.32.1 KPLC may confirm to its satisfaction whether the Tenderer that is selected as
having submitted the lowest evaluated responsive tender is qualified to perform the
contract satisfactorily.
3.32.2 The confirmation will take into account the Tenderer’s financial, technical, and
performance capabilities. It will be based upon an examination of the documentary
evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to
paragraph 3.13 as well as confirmation of such other information as KPLC deems
necessary and appropriate. This may include factory, office and other facilities
inspection and audits.
3.32.3 An affirmative confirmation will be a prerequisite for award of the contract to
the Tenderer. A negative confirmation will result in rejection of the Tenderer’s
Tender, in which event KPLC will proceed to the next lowest evaluated responsive
tender to make a similar confirmation of that Tenderer’s capabilities to perform
satisfactorily.
3.33 Award of Contract
3.33.1 KPLC will award the contract to the successful Tenderer whose Tender has been
determined to be substantially responsive, compliant with the evaluation criteria
and has been determined to be the lowest evaluated tender, and further, where
deemed necessary, that the Tenderer is confirmed to be qualified to perform the
contract satisfactorily.
3.33.2 Award will be done as indicated in the Appendix to Instructions to Tenderers.
3.34 Termination of Procurement Proceedings
3.34.1 KPLC may at any time terminate procurement proceedings before contract award
and shall not be liable to any person for the termination.
3.34.2 KPLC shall give prompt notice of the termination to the Tenderers, and, on request
from any Tenderer, give its reasons for termination within fourteen (14) days of
such request.
3.35 Notification of Award
3.35.1 Prior to the expiration of the period of tender validity, KPLC shall notify the
successful Tenderer in writing that its Tender has been accepted.
3.35.2 The notification of award shall not constitute the formation of the contract until one
is finally signed by both parties.
3.35.3 Simultaneously, and without prejudice to the contents of paragraph 3.25, on
issuance of Notification of Award to the successful Tenderer, KPLC shall notify
each unsuccessful Tenderer.
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3.38.4 A notification of the tender outcome does not reduce the validity period for any
tender security whether the Tenderer is successful or not, except where such tender
security is officially released to the Bank and/or the Tenderer and such Bank
discharged of all its obligations by KPLC prior to the expiry of its stated validity
period.
3.36 Signing of Contract
3.36.1 At the same time as KPLC notifies the successful Tenderer that its Tender has been
accepted, KPLC will send the Tenderer the Contract Agreement provided in the
Tender Document together with any other necessary documents incorporating all
agreements between the Parties.
3.36.2 Within fourteen (14) days of the date of notification of award, the successful
Tenderer shall only sign the Contract Form and all the documents specified in that
Form and return them to KPLC within that period of fourteen (14) days.
3.36.3 KPLC shall sign and date the Contract in the period between not earlier than
fourteen (14) days from the date of notification of contract award. Further, KPLC
shall not sign the contract until and unless the authentic performance security is
received in accordance with paragraph 3.36.
3.36.4 Failure of the successful Tenderer to sign the Contract, the award shall be annulled
and its tender security forfeited in which event KPLC shall notify the next lowest
evaluated Tenderer that its Tender has been accepted.
3.36.5 Paragraph 3.33 together with the provisions of this paragraph 3.35 will apply with
necessary modifications with respect to the Tenderer notified under sub-paragraph
3.35.3.
3.37 Performance Security
3.37.1 Within fourteen (14) days of the date of notification of award from KPLC, the
successful Tenderer shall furnish KPLC with a Performance Security which shall
be either one or a combination of the following:
a) an original Bank Guarantee that is strictly in the form and content as
prescribed in the Performance Security Form (Bank Guarantee) in the
Tender Document.
b) For Local bidders, Standby Letters of Credit (LC). All costs, expenses and
charges levied by all banks party to the LC shall be prepaid/borne by the
Tenderer. The LC must contain all the mandatory conditions of payment to
KPLC as prescribed in the Tender Security (Letters of Credit) provided in
the Tender Document.
c) For Foreign bidders, Standby Letters of Credit (LC) confirmed by a bank in
Kenya. All costs, expenses and charges levied by all banks party to the LC
including confirmation charges shall be prepaid/borne by the Tenderer. The
LC must contain all the mandatory conditions of payment to KPLC as
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prescribed in the Tender Security (Letters of Credit) provided in the Tender
Document.
3. 37.2 The Performance Security shall be issued by a commercial bank licensed by the
Central Bank of Kenya. The bank must be located in Kenya.
3. 37.3 The Performance Security shall be the sum of ten percent (10%) of the contract
value. It shall be in the currency of the contract price.
3. 37.4 KPLC shall seek authentication of the Performance Security from the issuing bank.
It is the responsibility of the successful Tenderer to sensitize its issuing bank on the
need to respond directly and expeditiously to queries from KPLC. The period for
response shall not exceed three (3) days from the date of KPLC’s
query. Should there be no conclusive response by the Bank within this period, such
successful Tenderer’s Performance Security may be deemed as invalid.
3. 37.5 Failure of the successful Tenderer to furnish an authentic Performance Security, the
award shall be annulled and the Tender Security forfeited, in which event KPLC
may notify the next lowest evaluated Tenderer that its Tender has been accepted.
3. 37.6 Paragraph 3.35, 3.36 together with the provisions of this paragraph 3. 37 will apply
with necessary modifications, and as far as circumstances permit, with respect to
the Tenderer notified under sub-paragraph 3.37.5.
3.38 Corrupt or Fraudulent Practices
3.38.1 KPLC requires that Tenderers observe the highest standard of ethics during the
procurement process and execution of contracts. When used in the present
Regulations, the following terms are defined as follows: -
a) “Corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of public official in the
procurement process or in contract execution;
b) “Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of KPLC, and includes collusive practice among Tenderers (prior
to or after Tender submission) designed to establish tender prices at
artificial non-competitive levels and to deprive KPLC of the benefits of free
and open competition.
3. 38.2 KPLC will nullify its notification of award if it determines that the Tenderer
recommended has engaged in corrupt or fraudulent practices in competing for the
contract in question.
3. 38.3 Further, a Tenderer who is found to have indulged in corrupt or fraudulent practices
risks being debarred from participating in public procurement in Kenya.
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APPENDIX IV TO INSTRUCTIONS TO TENDERERS
The following information regarding the particulars of the tender shall complement and or
amend the provisions of the Instructions to Tenderers hereinafter abbreviated as ITT.
Wherever there is a conflict between the provisions of the ITT and the Appendix, the
provisions of the Appendix herein shall prevail over those of the ITT.
No. ITT Reference Clause Particulars of Appendix
1. 3.2.1 Eligible Tenderers Eligible Tenderers must meet stipulated requirements
2. 3.9 (e) Documents Comprising
the Tender – List of Previous
Customers
The Tenderer shall submit at least four (4) names with
full contact as well as physical addresses of previous
customers of similar services and letters from the
previous customers confirming completion of the
contracts on schedule or as stipulated in requirements.
3. 3.13.2 (a) Manufacturer’s /
Principal’s Authorization
Not Required
4. 3.13.2 (b) Documentary
evidence of financial capability
The audited financial statements required must be those that
are reported within eighteen (18) calendar months of the date
of the tender document or as per stipulated requirements.
(For companies or firms that are registered or incorporated
within the last one calendar year of the Date of the Tender
Document, they should submit certified copies of bank
statements covering a period of at least six months prior to
the date of the tender document. The copies should be
certified by the Bank issuing the statements. The certification
should be original).
5. 3.13.2 (c) and (d) Documents of
evidence of eligibility
As stipulated as requirements.
6. 3.13.2 (e) Tenderer’s
membership of a recognized or
accredited institution.
As stipulated in requirements.
7. 3.14.2 (a) Catalogues,
Brochures, Manufacturer’s/
Principal’s Drawings
Not required for this tender
8. 3.16.2 Warranty – Period N/A
9. 3.17.1 Tender Security The bidders shall provide Bid Bond of KES
200,000/= OR any other convertible currency
10. 3.36.2 Mode of Award of
Contract
The tender shall be awarded to the lowest bidder .
11 3.37.3 Performance security The Performance Security shall be the sum of ten percent
(10%) of the contract value.
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SECTION IV - SCHEDULE OF REQUIREMENTS
Brief Schedule of Services Required
TENDER NO. KP1/9A.2/OT/27/AUDIT/18-19 FOR PROCUREMENT OF A FIRM
TO CARRY OUT AN AUDIT OF KPLC ICT SYSTEMS
1. Ensure that the intended objectives of the ICT systems and solutions are met and
aligned to meet the business objectives of the Company;
2. Ascertain whether the Company is getting maximum benefits out of the ICT
investments thus far undertaken and has received optimal value for money on the
ICT investments;
3. Evaluate the effectiveness of IT general and application controls implemented by the
Company to safe guard the ICT systems from IT and business risks;
4. Determine if the current systems, applications, communication links and network are
configured securely to safeguard against unauthorized access.
5. Establish the effectiveness and continuity of the support arrangement/structure.
6. Establish the adequacy of IT infrastructure currently deployed for the business
applications and possible future needs.
7. Evaluate the effectiveness of the current ICT continuity and recovery strategies.
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SECTION V - PRICE SCHEDULES FOR SERVICES
PART A
Sr.
No.
Description
Quantity/
Unit of
Measure
Amount
(KSh.)
1. Data collection, Analysis, preparation of reports and
any other research related costs (please give details in
a proper format)
2. Local taxes, duties, levies and other statutory charges,
if applicable, chargeable under the laws of Kenya
(excluding Value Added Tax (VAT) see row below)).
4. Reimbursables/ Disbursements
5. Total VAT
6. Grand Total amount of Financial Proposal
Yours sincerely,
Name of Tenderer
_____________________
Name and Capacity of authorized person signing the Tender
___________________________________
Signature of authorized person signing the Tender
__________________________________
Stamp of Tenderer
__________________________________
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PART B - BREAKDOWN OF REMUNERATION
Staff.
No.
Name of
Professional staff
Survey Input/Task Remuneration rate
1.
2.
3.
4.
5.
6.
7.
Yours sincerely,
_____________________
Name of Tenderer
___________________________________
Signature of duly authorized person signing the Tender
__________________________________
Name and Capacity of duly authorized person signing the Tender
__________________________________
Stamp or Seal of Tenderer
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NOTES TO TENDERERS ON PRICE SCHEDULES - PARTS A & B
1. Input
This may be in terms of staff hours, days or months as the Tenderer deems
appropriate.
2. Reimbursables/ Disbursements
3.1 This will be paid to the successful bidder for the performance of the
assignment and validity will be determined by KPLC.
3.2. Only the actual payments incurred on subsistence, communications will be
reimbursed up to a maximum amount submitted in the Tender upon
sufficient proof of the same.
3.3 For the avoidance of doubt, this excludes all costs associated with
preparation and submission of the Tender for any Tenderer. Those costs
whatsoever shall be fully borne by the bidder.
4. Taxes/ duties/ levies and other statutory charges
These should be specified based on breakdown of consultancy costs.
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Date:
Tender Number and Name:
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
Dear Sirs and Madams,
Having read, examined and understood the Tender Document including all Addenda,
receipt of which we hereby acknowledge, we, the undersigned Tenderer, offer to provide
AN AUDIT OF KPLC ICT SYSTEMS for the sum of……………………… (total tender
price in words and figures) or such other sums as may be ascertained in accordance with
the schedule of prices inserted by me/ us above.
Yours sincerely,
Name of Tenderer
_____________________
Name and Capacity of authorized person signing the Tender
___________________________________
Signature of authorized person signing the Tender
__________________________________
Stamp of Tenderer
__________________________________
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SECTION VI - EVALUATION CRITERIA
6.1 Part 1 - Preliminary Evaluation Under Paragraph 3.28. THESE ARE
MANDATORY REQUIREMENTS. TO DEMONSTRATE THAT THE
FIRM IS CAPABLE OF UNDERTAKING THIS ASSIGNMENT, THE
INTERESTED FIRMS MUST ALSO PROVIDE THE FOLLOWING
MANDATORY REQUIREMENTS (PROPOSALS WHICH DO NOT
SATISFY ANY OF THE ABOVE REQUIREMENTS SHALL BE
REJECTED AT THIS STAGE):
This shall include confirmation of the following:-
6.1.1 Submission of Tender Security - Checking its validity, whether it is Original;
whether it is sufficiency, whether it is issued by a local bank/institution; whether it
is strictly in the format required in accordance with the sample Tender Security
Form(s). (TENDER SECURITY OF KES 200,000/= IS REQUIRED IN THIS
TENDER)
6.1.2 Submission of Declaration Form(s) duly completed and signed.
6.1.3 Submission and considering Tender Form duly completed and signed.
6.1.4 Submission and considering the following:-
6.1.4.1 For Local Tenderers
a) A Detailed Profile of the Company
b) Company or Firm’s Registration Certificate
c) Valid Trading License
d) VAT Certificate
b) PIN Certificate.
c) Valid and Current Tax Compliance Certificate.
6.1.4.2 For Foreign Tenderers
a) A Detailed Profile of the Company
b) Company or Firm’s Registration Certificate
c) PIN Certificate or its equivalent in the country of bidder or a
statement from the tax authorities in the Tenderer’s country of
origin indicating that such certificate or its equivalent is not
issued.
d) Valid Tax Compliance Certificate or its equivalent in the
country of bidder or a statement from the tax authorities in the
Tenderer’s country of origin indicating that such certificate or
its equivalent is not issued.
6.1.5 That the Tender is valid for the period required.
6.1.6 Submission and considering that the required number of sets of Tender.
6.1.7 Submission and considering the Confidential Business Questionnaire:-
a) Is fully filled.
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b) That details correspond to the related information in the bid.
6.1.8 If required in the Tender Document, submission of the following-
a) Commentary of Compliance to the Details of Service
b) Tenderer’s membership of a recognized or accredited organization.
6.1.9 Record of unsatisfactory or default in performance obligations in any contract shall
be considered. This shall include any Tenderer with unresolved case(s) in its
performance obligations for more than two (2) months in any contract.
6.1.10 Notwithstanding the above, considering any outstanding orders where applicable
and the performance capacity indicated by the Tenderer.
Tenders will proceed to the Technical Evaluation Stage only if they qualify in compliance
with Part 1 above, Preliminary Evaluation under Paragraph 3.28.
6.2 Part II – Technical Evaluation and Comparison of Tenders Under Paragraph 3.30
of the ITT.
These are mandatory requirements.
6.2.1 Verification of the following information:
a) Relevant requested certificates and or documents.
b) Submitted with the Tender –
(i) Commentary of Compliance to the Details of Service.
(ii.) Any other details required of the Tender.
6.2.2 Detailed Evaluation
6.2.2.1 Tenderers shall be expected to indicate full compliance to Details of
Service.
6.2.2.2 Evaluation of Demonstration of ability of the offered service, to comply
with the Details of Service (where required).
6.2.2.5 Confirmation of compliance of previous contract(s) in accordance with its/
their terms and conditions where applicable.
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6.2.3 Further Technical Evaluation Criteria
These are mandatory requirements.
To demonstrate that the firm can undertake this assignment, the interested firms (which
should not have either real or an apparent conflict of interest) and must provide the
following:
Parameter Mark
Audited Accounts 5
Proof of financial strength and stability.
(Provide audited accounts at least for the last three years)
Organization Qualifications and Skills
Profile: A detailed profile of the firm/company, with all the
statutory requirements met and complied with. 10
Attach evidence of organizational experience in provision of ICT
audit/review for at least three large parastatal organizations within
the last five years.
Experience in audits and reviews for other organizations in the
energy sector.
Demonstrate detailed understanding of the workings of a electricity
distribution organization.
Demonstrate experience in data driven audits and application of
CAATs tools including reusable routines.
Organization Assignment Experience
List of ICT Audit/Review work undertaken in the last 5 years.
The Consultant must have undertaken ICT Audit/Review work in
at least 5 (five) Kenyan companies over the past 6 (six years)
whose annual turnover has averaged or exceeded KShs.5 billion in
the past year. (Submission of detailed description of assignment,
status, client names, contact persons, addresses and cost of
consultancy is required).
The consultant should also provide recommendation letters from at
least 4 (four) of these clients.
Assignment Methodology
Proposed Approach and Methodology to be adopted for the project. 15
Tools to be used, estimated time and report architecture.
30
Page 54 of 105
Lead Consultant Qualifications/Experience (Provide Detailed CV)
Lead Consultant must have the following qualifications/experience:
Bachelor’s Degree in Computer Science in IT related field
Evidence of Technical knowledge supported by ACCA/CPA
CISA (Certified Information Systems Auditor)
Experience in delivery of technology assignments in governmental
and energy sector institutions (provide evidence).
Should have led IT Audit assignments with a cyber-security review
component (provide evidence).
Supervisory experience of a minimum 5 (five) years.
Team Qualifications/Experience (Provide Detailed CVs) 15
Understanding of basic electricity distribution business
Evidence of participation in providing ICT audit and consultancy
services for large organizations.
Internationally recognized certification in systems audits e.g.
CISA, CISM, CRISC (mandatory)
Show technical capability and experience in SAP (ERP) and
SCADA systems (mandatory)
Project Management Certification e.g. PRINCE2/PMP (optional)
ISO 27001:2013 Lead Auditor Certification (optional)
ISO 22301:2012 Lead Auditor Certification (optional)
Project Time Schedule
Expected time frame within which the project will be carried out and the 10
respective time allocations of each project member.
TOTAL 100 Tenderers will proceed to the next evaluation stage if they score a minimum of 80
marks in total.
Tenderers will proceed to Financial Evaluation stage only if they score a minimum of
80 marks of the Technical Evaluation under clause 3.37.
15
Page 55 of 105
6.3 Part III – Financial Evaluation Criteria
These are mandatory requirements.
NO. EVALUATION CRITERIA
6.3.1
a) Confirmation of the authenticity of the submitted Tender Security
b) Confirmation of and considering schedule of rates and prices and/or priced Bill of
Quantities duly completed and signed.
c) Checking that the Tenderer has quoted prices based on all costs including insurances,
duties, levies, Value Added Tax (V.A.T), Withholding Tax and other taxes payable and
delivery to the premises of KPLC or designated site(s)
d) Where applicable, Conducting a financial comparison, including conversion of tender
currencies into one common currency
e) Taking into account the cost of any deviation(s) from the tender requirements
6.3.2 f) Ascertaining the financial capability through Last Financial Year’s audited financial
statements issued within the last 18 months which Statements should conform to
International Accounting Standards One (IAS 1) which includes the following:-
1) Checking and considering that the Tenderer’s solvency ratios are acceptable to KPLC
and meet the threshold of:-
(2) Solvency ratio of Debt to Assets Ratio which should be at least 1:1
Or
(1) for companies or firms that are registered or incorporated within the last one calendar
year of the Date of the Tender Document, a spot cash balance of a minimum of 20% of
the Tender Price. The same should be as evidenced in the certified copies of bank
statements at least in ALL days of the month of the Date of the Tender Document.
6.3.3 Provide documentary evidence of liquid assets and/or credit facilities, net of other
contractual commitments and exclusive of any advance payments which may be made
under the contract.)
6.3.4 Considering information submitted in the Confidential Business Questionnaire against
other information in the bid including:-
a) Declared maximum value of business
b) Shareholding and citizenship for preferences where applicable.
6.3.5 Confirming the following: -
a) that the Supplier’s offered Delivery Schedule meets KPLC’s requirements.
Page 56 of 105
THE SUCCESSFUL TENDERER SHALL BE THE ONE WITH THE LOWEST
EVALUATED PRICE.
*NOTES: -
1. For purposes of evaluation, the exchange rate to be used for currency conversion
shall be the selling exchange rate ruling on the date of tender closing provided by
the Central Bank of Kenya. (Visit the Central Bank of Kenya website).
2. Total tender value means the Tenderer’s total tender price inclusive of Value Added
Tax (V.A.T) for the services it offers to provide.
3. For companies or firms that are registered or incorporated within the last one
calendar year of the Date of the Tender Document, they should submit certified
copies of bank statements covering a period of at least six months prior to the date
of the tender document. The copies should be certified by the Bank issuing the
statements. The certification should be original.
Page 57 of 105
SECTION VII - AWARD AND CONTRACT DISCUSSIONS
7. Successful Tenderer
7.1 The Successful Tenderers shall be the lowest evaluated bidder.
7.2 Proposed Contract Discussions
7.2.1 KPLC may conduct proposed contract discussions after determining the successful
Tenderer. These will be held at KPLC’s headquarters at Stima Plaza or otherwise
as may be advised. The discussions will additionally touch on methodology of work
plan, final Terms of Reference and on financial proposal.
2.2 The purpose of negotiations is to reach clarity and agreement on all items. The
negotiations will conclude with a review of the draft form of the contract.
2.3 If the discussions are not fruitful, KPLC shall at its sole discretion terminate any
further discussions with that Tenderer and invite the firm whose proposal received
the next superior score for similar discussions.
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TABLE OF CLAUSES ON GENERAL CONDITIONS OF CONTRACT
Clause No. Headings Page No.
7.1 Definitions……..…………………………………………….
7.2 Application…. ………………………………………………
7.3 Standards…………………………………………………….
7.4 Supplier Performance Rating Scheme ……………………..
7.5 Use of Contract Documents and Information ………………
7.6 Patent Rights ………………..………………………………
7.7 Inspections and Tests………………………………………..
7.8 Packaging and Labelling …………………………………….
7.9 Delivery and Documents for Materials/ Equipment…………
7.10 Insurance ……..……………………………………………..
7.11 Payment……………………………… …………………….
7.12 Interest……………………………………………………….
7.13 Prices…………………………………………………………
7.14 Variation of Contract………………………………………...
7.15 Assignment…..………………………………………………
7.16 Sub-Contracts……..…………………………………………
7.17 Termination of Contract………....…………………………..
7.18 Liquidated Damages…………..……………………………..
7.19 Warranty…………………………………………………….
7.20 Resolution of Disputes ……………..………………………
7.21 Language and Law……………………..……………………
7.22 Waiver………………..………………………………………
7.23 Force Majeure………………………………………………..
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SECTION VII – GENERAL CONDITIONS OF CONTRACT
The General Conditions of Contract hereinafter referred abbreviated as the GCC shall form
part of the Conditions of Contract in accordance with the law and KPLC’s guidelines,
practices, procedures and working circumstances. The provisions in the GCC will apply
unless an alternative solution or amendment is made under other parts of the Contract
including the Special Conditions of Contract.
7.1 Definitions
In this contract, the following terms shall be interpreted as follows: -
a) “Day” means calendar day and “month” means calendar month.
b) “The Contract” means the agreements entered into between KPLC and the
Contractor, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
c) “The Contract Price” means the price payable to the Contractor under the
contract for the full and proper performance of its contractual obligations.
d) “The Services” means services or art thereof to be provided by the
Contractor and includes all of the materials and incidentals, which the
Contractor is required to perform and provide to KPLC under the contract.
e) “The Procuring Entity” means The Kenya Power and Lighting Company
Limited or its successor(s) and assign(s) where the context so admits
(hereinafter abbreviated as KPLC).
f) “The Contractor” means the individual or firm providing the services under
this contract or his/ her/ its permitted heir(s), personal representative(s),
successor(s) or permitted assign(s) where the context so admits. For the
avoidance of doubt this shall mean the successful Tenderer(s) pursuant to
the tender.
g) Wherever used in the contract, “performance” shall be complete or be
deemed to be complete, unless the circumstances indicate otherwise, when
the services have been performed in accordance with the Contract and
where KPLC does not signify its approval to the Contractor, but without
giving notice of dissatisfaction, on the expiration of thirty (30) days from
date of documented completion of performance of the service.
h) Supplier Rating Performance Scheme (SPRS) means the continuous
evaluation of the Supplier’s performance of the contract based on the
parameters of timely delivery, quality of service, frequency of
communication, timely response, innovation, dispute resolution.
7.2 Application
These General Conditions shall apply to the extent that provisions of other parts
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of the contract do not supersede them.
7.3 Standards
The Services supplied under this contract shall conform to the standards mentioned
in the Details of Service.
7.4 Supplier Performance Rating Scheme
7.4.1 KPLC shall use a Supplier Performance Rating Scheme (SPRS) to measure the
annual performance of the Supplier’s obligations and its conduct of the contract.
7.4.2 The Scheme will be updated periodically commencing with the date of execution
of the contract by both parties. KPLC shall provide the Supplier with a copy of the
SPRS report.
7.4.3 KPLC shall consider the Supplier’s overall performance at the end of the
performance period.
7.4.4 At the request of either party, the parties shall discuss and conclude deliberations
on the annual SPRS report. At any such meetings and/or for the purposes of the
deliberations, KPLC Supply Chain – Procurement Department shall appoint the
Chairperson as well as the Secretariat.
7.4.5 The SPRS measures shall be according to Supplier Performance Rating Form in
Section XXVI
7.4.6 A KP1, KP2 & KP3 assessment of the Supplier on the SPRS will be a consideration
for continued engagement between the parties in the subsequent year. A KP4
assessment of the Supplier shall be a termination event.
7.5 Use of Contract Documents and Information
7.5.1 The Contractor shall not, without KPLC’s prior written consent, disclose the
contract, or any provision thereof or any specification, plan, drawing, pattern,
sample, or information furnished by or on behalf of KPLC in connection therewith,
to any person other than a person employed by the Contractor in the performance
of the contract.
7.5.2 The Contractor shall not, without KPLC’s prior written consent, make use of any
document or information enumerated in clause 7.5.1 above.
7.5.3 Any document, other than the contract itself, enumerated in clause 7.5.1 shall
remain the property of KPLC and shall be returned (including all copies) to KPLC
on completion of the Contractor’s performance under the contract if so required by
KPLC.
7.6 Patent Rights
The Contractor shall indemnify KPLC against all third party claims of infringement
of patent, trademark, or industrial design rights arising from provision of the
services or any part thereof.
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7.6 Performance Security
7.6.1 Within fourteen (14) days of the date of the notification of contract award, the
Contractor shall furnish to KPLC the Performance Security which shall be either
one or a combination of the following:-
a) an original Bank Guarantee that is strictly in the form and content as
prescribed in the Performance Security Form (Bank Guarantee) in the
Tender Document.
b) Confirmed Standby Letters of Credit (LC). All costs, expenses and charges
levied by all banks party to the LC including confirmation charges shall be
prepaid by the successful Tenderer. Certain mandatory conditions of the LC
shall be as prescribed in the Performance Security Form (LC) in the Tender
Document.
7.6.2 The Performance Security shall be issued by a commercial bank licensed by the
Central Bank of Kenya. The bank must be located in Kenya.
7.6.3 The Performance Security shall be the sum of ten percent (10%) of the contract
price. It shall be in the currency of the contract price.
7.6.4 Failure of the Contractor to furnish the Performance Security, the award shall be
annulled and the Tender Security forfeited, in which event KPLC may notify the
next lowest evaluated Tenderer that its Tender has been accepted.
7.6.5 The proceeds of the Performance Security shall be payable to KPLC as
compensation for any loss resulting from the Contractor’s failure to comply with
its obligations in accordance with the contract without KPLC being required to
demonstrate the loss it has suffered.
7.6.6 The Performance Security shall be valid for a minimum of sixty (60) days after
satisfactory delivery for both Foreign and Local Contractors.
7.6.7 KPLC shall seek authentication of the Performance Security from the issuing bank.
It is the responsibility of the Contractor to sensitize its issuing bank on the need to
respond directly and expeditiously to queries from KPLC. The period for response
shall not exceed three (3) days from the date of KPLC’s query. Should there be no
conclusive response by the Bank within this period, such Contractor’s Performance
Security may be deemed as invalid and the Contract nullified, unless information
to the contrary is received by KPLC two (2) days before the expiry of the
Contractor’s Tender Security.
7.6.8 Subject to the provisions of this contract, the Performance Security will be
discharged by KPLC and returned to the Contractor not earlier than thirty (30) days
following the date of completion of the Contractor’s obligations under the contract,
including any warranty obligations, under the contract.
7.7 Inspection and Tests
7.7.1 KPLC or its representative(s) shall have the right to inspect and/or to test the
services to confirm their conformity to the contract specifications. KPLC shall
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notify the Contractor in writing in a timely manner, of the identity of any
representative(s) retained for these purposes. Such visit and or inspection/ test shall
in no way prejudice KPLC’s rights and privileges.
7.7.2 In appropriate circumstances, Inspection/ Test Report(s) shall be completed upon
conclusion of the inspection/ tests.
7.7.3 The inspections and tests may be conducted in the premises of the Contractor or its
subcontractor(s). If conducted on the premises of the Contractor or its
subcontractor(s), all reasonable facilities and assistance, including access to
drawings and production data, shall be furnished to the inspectors at no charge to
KPLC.
7.7.4 Should any inspected or tested services fail to conform to the specifications, KPLC
may reject the Service(s), and the Contractor shall either replace or remedy the
rejected services or make alterations necessary to meet specification requirements
free of cost to KPLC.
7.7.5 KPLC’s right to inspect, test and where necessary, reject the services after provision
shall in no way be limited or waived by reason of the services having previously
been inspected, tested and passed by KPLC or its representative(s)
prior to the services performance / delivery.
7.7.6 For the avoidance of doubt, any acknowledgement by KPLC on the Contractor’s or
sub-contractor’s document shall not be conclusive proof or evidence of satisfactory
performance without duly authorized approval by KPLC.
7.7.7 Nothing in this clause 7.7 shall in any way release the Contractor from any warranty
or other obligations under this Contract.
7.8 Packaging and Labelling
7.8.1 Where applicable, the Contractor shall provide such packaging of the material and
equipment as is required to prevent their damage or deterioration during transit to
their final destination, as indicated in the contract.
7.8.2 The method of packaging, labeling and marking shall comply strictly with such
special requirements as shall be specified and attached to the Contract and
particular Order.
7.8.3 The labelling, marking and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in
the contract.
7.8.4 The materials and equipment shall be packed in good condition suitable for
sea/air/road/rail dispatch. Hazard in transit to the final destination shall include
rough handling and storage in tropical conditions.
7.8.5 The Contractor shall enclose a packing list in each package and all documents
relating to the Order shall show the Tender reference number and name against the
items or package indicating the supplier or supplier’s agent as the consignee.
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7.9 Delivery and Documents for Materials/ Equipment
7.9.1 Where applicable, delivery of the materials/ equipment shall be made by the
Contractor to the place and in accordance with the terms specified by KPLC in its
Schedule of Requirements or as may be otherwise indicated.
7.9.2 The Contractor shall notify KPLC of the full details of the delivered materials/
equipment by delivering the materials/ equipment with a full set of the following
documents: -
a) Contractor’s invoice showing the materials/ equipment description,
quantity, unit price and total price
b) Delivery note
c) Packing list identifying contents of each package
7.9.3 It is the responsibility of the Contractor to ensure that the delivery documents are
received by KPLC at the designated delivery point at the time of delivery.
7.10 Insurance
7.10.1 The Contractor shall be responsible for and keep in force current appropriate
insurance covers for its property and persons engaged in the performance and or
provision of the Services under the contract.
7.10.2 The Contractor shall (except in respect to losses, injuries or damage resulting from
any act or neglect of KPLC) indemnify and keep indemnified KPLC against all
losses and claims for injuries or damage to any person or property whatsoever which
may arise out of or in consequence of the contract and against all claims, demands,
proceedings, damages, costs, charges, and expenses whatsoever in respect thereof
or in relation thereto.
7.11 Payment
7.11.1 Payments shall be made in whole and promptly by KPLC and shall not be less than
thirty (30) days from completion of satisfactory performance and submission of
invoice together with other required and related documents or as otherwise
prescribed in the contract.
7.11.2 Payment shall primarily be through KPLC’s cheque or Real Time Gross Settlement
(RTGS) or telegraphic transfer. Where applicable, a copy of a valid Performance
Security, stamped, certified as authentic by KPLC, shall form part of the documents
to be presented to KPLC before any payment is made.
7.11.3 A Contractor who requests for a Letter of Credit (hereinafter abbreviated as LC)–
a) Shall meet the LC bank charges levied by its bank while KPLC shall meet
the LC bank charges levied by its bank.
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b) Any extension and or amendment charges and any other costs that may
result from the Contractor’s delays, requests, mistakes or occasioned
howsoever by the Contractor shall be to the Beneficiary’s account.
c) The maximum number of extensions and amendments shall be limited to two
(2).
d) Notwithstanding sub-clause 7.11.3 (a), should the Contractor require a
confirmed LC, then all confirmation and any other related charges levied
by both the Contractor’s and KPLC’s bank shall be to the Beneficiary’s
account.
e) The LC shall be opened only for the specific Order within the validity period
of the contract.
f) LCs shall be partial for partial performance or full for whole performance
as per the contract.
g) The Contractor shall be required to submit a proforma invoice for each lot
for use in the placement of order and opening of the LC. The proforma
invoice shall be on total all-inclusive costs basis.
h) A copy of the Performance Security, stamped and certified as authentic by
KPLC, whose expiry date should not be less than sixty (60) days from the
LC expiry date, shall form part of the documents to be presented to the Bank
before any payment is effected.
7.11.4 KPLC shall have the sole discretion to accept or decline any Contractor’s payment
request through Letters of Credit without giving any reason for any decline.
7.12 Interest
Interest payment by KPLC is inapplicable in the contract.
7.13 Prices
7.13.1 Subject to clause 7.14 herein below, prices charged by the Contractor for services
performed under the contract shall be fixed for the period of the contract with no
variations.
7.13.2 A price that is derived by a pre-disclosed incorporation or usage of an
internationally accepted standard formula shall not be deemed to be a price
variation within the meaning of this clause.
7.14 Variation of Contract
KPLC and the Supplier may vary the contract only in accordance with the
following: -
a) the quantity variation of services shall not exceed twenty percent (20%) of
the original contract quantity.
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b) The cumulative value variation shall not exceed twenty five percent (25%)
of the original contract value.
c) the quantity variation must be executed within the period of the contract.
7.15 Assignment
The Contractor shall not assign in whole or in part its obligations to perform under
this contract, except with KPLC’s prior written consent.
7.16 Subcontracts
7.16.1 The Contractor shall notify KPLC in writing of all subcontracts awards under this
contract if not already specified in the tender. Such notification, in the original
tender or obligation under the Contract shall not relieve the Contractor from any
liability or obligation under the Contract.
7.16.2 In the event that an award is given and the contract is sub-contracted, the
responsibility and onus over the contract shall rest on the Contractor who was
awarded.
7.17 Termination of Contract
7.17.1 KPLC may, without prejudice to any other remedy for breach of contract, by written
notice sent to the Contractor, terminate this contract in whole or in part due to any
of the following: -
a) if the Contractor fails to perform any or all of the services within the
period(s) specified in the contract, or within any extension thereof granted
by KPLC.
b) if the Contractor fails to perform any other obligation(s) under the contract.
c) if the Contractor, in the judgment of KPLC has engaged in corrupt or
fraudulent practices in competing for or in executing the contract.
d) by an act of force majeure.
e) if the Contractor becomes insolvent or bankrupt
f) if the Contractor has a receiving order issued against it, compounds with
its creditors, or an order is made for its winding up (except for the purposes
of its amalgamation or reconstruction), or a receiver is appointed over its
or any part of its undertaking or assets, or if the Contractor suffers any
other analogous action in consequence of debt.
g) if the Contractor abandons or repudiates the Contract.
7.17.2 In the event that KPLC terminates the contract in whole or in part, it may procure,
upon such terms and in such manner as it deems appropriate, services similar to
those undelivered or not rendered, and the Contractor shall be liable to KPLC for
any excess costs for such similar services and or any other loss PROVIDED that
the Contractor shall not be so liable where the termination is for convenience of
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KPLC.
7.17.3 The Parties may terminate the Contract by reason of an act of force majeure as
provided for in the contract.
7.17.4 The Contract may automatically terminate by reason of an act of force majeure as
provided for in the Contract.
7.18 Liquidated Damages
Notwithstanding and without prejudice to any other provisions of the contract, if
the Contractor fails to perform any or all of the services within the period specified
in the contract, KPLC shall, without prejudice to its other remedies under the
contract, deduct from the contract prices, liquidated damages sum equivalent to
0.5% of the performance price per day of delay of the delayed due services up to a
maximum of ten percent (10%) of the performance price of the delayed due
services.
7.19 Warranty
7.19.1 Where applicable, the Contractor warrants that the Services provided under the
contract are of the highest quality or current specification and incorporate all recent
improvements unless provided otherwise in the contract. The Contractor further
warrants that any materials/ equipment provided under this contract shall have no
defect arising from manufacture, materials or workmanship or from any act or
omission of the Contractor that may develop under normal use of the materials/
equipment provided under the conditions obtaining in Kenya.
7.19.2 This warranty will remain valid for the period indicated in the special conditions of
contract after the goods, or any portion thereof as the case may be, have been
delivered to the final destination indicated in the contract.
7.19.3 KPLC shall promptly notify the Contractor in writing of any claims arising under
this Warranty.
7.19.4 Upon receipt of such a notice, the Contractor shall, with all reasonable speed,
remedy the defective services without cost to KPLC.
7.19.5 If the Contractor having been notified, fails to remedy the defect(s) within a
reasonable period, KPLC may proceed to take such remedial action as may be
necessary, at the Contractor’s risk and expense and without prejudice to any other
rights which KPLC may have against the Contractor under the contract.
7.20 Resolution of Disputes
7.20.1 KPLC and the Contractor may make every effort to resolve amicably by direct
informal negotiation any disagreement or dispute arising between them under or in
connection with the contract.
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7.20.2 If, after thirty (30) days from the commencement of such informal negotiations both
parties have been unable to resolve amicably a contract dispute, either party may
resort to resolution before a recognized local forum for the resolution of disputes.
7.21 Language and Law
The language of the contract and the law governing the contract shall be the English
language and the laws of Kenya respectively unless otherwise stated.
7.22 Waiver
Any omission or failure by KPLC to exercise any of its rights or enforce any of the
penalties arising from the obligations imposed on the Contractor shall in no way,
manner or otherwise howsoever, alter, amend, prejudice, vary, waive or be deemed
to alter, amend, prejudice, vary, waive or otherwise whatsoever any of KPLC’s
powers and rights as expressly provided in and as regards this contract.
7.23 Force Majeure
7.23.1 Force majeure means any circumstances beyond the control of the parties, including
but not limited to:
a) war and other hostilities (whether war be declared or not), invasion, act of
foreign enemies, mobilization, requisition or embargo;
b) ionizing radiation or contamination by radio-activity from any nuclear fuel
or from any nuclear waste from the combustion of nuclear fuel, radioactive
toxic explosives or other hazardous properties of any explosive nuclear
assembly or nuclear components thereof;
c) rebellion, revolution, insurrection, military or usurped power & civil war;
d) riot, commotion or disorder except where solely restricted to employees
servants or agents of the parties;
e) un-navigable storm or tempest at sea.
7.23.2 Notwithstanding the provisions of the contract, neither party shall be considered to
be in default or in breach of its obligations under the Contract to the extent that
performance of such obligations is prevented by any circumstances of force
majeure which arise after the contract is entered into by the parties.
7.23.3 If either party considers that any circumstances of force majeure are occurring or
have occurred which may affect performance of its obligations it shall promptly
notify the other party and provide reasonable proof of such circumstances.
7.23.4 Upon the occurrence of any circumstances of force majeure, the Contractor shall
endeavor to continue to perform its obligations under the contract so far as is
reasonably practicable. The Contractor shall notify KPLC of the steps it proposes
to take including any reasonable alternative means for performance, which is not
prevented by force majeure. The Contractor shall not take any such steps unless
directed so to do by KPLC.
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7.23.5 If the Contractor incurs additional costs in complying with KPLC’s directions
under sub clause 7.23.4, then notwithstanding the provisions of the contract, the
amount thereof shall be agreed upon with KPLC and added to the contract price.
7.23.6 If circumstances of force majeure have occurred and shall continue for a period of
twenty one (21) days then, notwithstanding that the Contractor may by reason
thereof have been granted an extension of time for performance of the contract,
either party shall be entitled to serve upon the other seven (7) days’ notice to
terminate the contract. If at the expiry of the period of twenty-eight (28) days, force
majeure shall still continue, the contract shall terminate.
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SECTION VIII – SPECIAL CONDITIONS OF CONTRACT
The Special Conditions of Contract hereinafter abbreviated as SCC shall form part of the
Conditions of Contract. They are made in accordance with the law and KPLC’s guidelines,
practices, procedures and working circumstances. They shall amend, add to and vary the
GCC. The clauses in this section need not therefore, be completed but must be completed
by KPLC if any changes to the GCC provisions are deemed necessary. Whenever there is
a conflict between the GCC and SCC, the provisions of the SCC shall prevail over those in
the GCC.
No. GCC Reference Clause Particulars of SCC
1.
7.11.1 Terms of Payment
Payment will be in whole after completion of
assignment and issuance of final report.
2.
7.19.2 Warranty – Period
Of
Not Applicable
Page 70 of 105
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SECTION IX - TENDER FORM
Date:
Tender No.
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
Ladies and Gentlemen,
1. Having read, examined and understood the Tender Document including all Addenda,
the receipt of which is hereby duly acknowledged, we, the undersigned Tenderer, offer
to perform, deliver, install and commission (the latter two where applicable)
………………………………………. (insert services description) in accordance and
conformity with the said tender document and in particular the Schedule of Prices that
are made part of this Tender.
2. We undertake, if our Tender is accepted, to perform and provide the services in
accordance with the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalent
to ten percent (10%) of the contract price for the due performance of the contract, in
the form(s) prescribed by The Kenya Power & Lighting Company Limited.
4. We agree to abide by this Tender for a period of 180 days (Tenderer please indicate
validity of your Tender) from the date fixed for tender opening as per the Tender
Document, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period.
5. This Tender, together with your written acceptance thereof and your notification of
award, shall not constitute a contract, between us. The contract shall be formed between
us when both parties duly sign the written contract.
6. We understand that you are not bound to accept any Tender you may receive.
Yours sincerely,
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_____________________
Name of Tenderer
___________________________________
Signature of duly authorized person signing the Tender
__________________________________
Name and Designation of duly authorized person signing the Tender
__________________________________
Stamp or Seal of Tenderer
*NOTES:
1. KPLC requires a validity period of one hundred and eighty (180) days.
2. This form must be duly signed, stamped and/or sealed.
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SECTION X - CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
All Tenderers are requested to give the particulars indicated in Part 1 and either Part 2 (a),
2 (b) or 2 (c), whichever applies to your type of business. You are advised that it is a serious
offence to give false information on this form.
Part 1 – General
Business Name…………………………………………………………………
Location of business premises…………………………………………………
Plot No. ……………………Street/ Road ………………………………..
Postal Address ………………………….. Postal Code …………………….
Tel No………………………………..
Facsimile..………………………………..
Mobile and/ or CDMA No……………………….
E-mail:…………………………………………………
Nature of your business ………………………………………………………………..
Registration Certificate No.……………………………………………………
Maximum value of business which you can handle at any time KSh………….
Name of your Bankers …………………………..Branch… ………………
*Names of Tenderer’s contact person(s) ………………………….
Designation of the Tenderer’s contact person(s) ………………………………
Address, Tel, Fax and E-mail of the Tenderer’s contact person(s) ……………….
……………………………………………………………………………………...
……………………………………………………………………………………
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Part 2 (a) Sole Proprietor
Your name in full ………………………………………………………………….
Nationality ………………………Country of origin …………………………..
*Citizenship details………………………………………………………………….
Part 2 (b) Partnership
Give details of partners as follows: -
Names Nationality *Citizenship Details Shares
1.…………………………………………………………………………
2.…………………………………………………………………………
3….………………………………………………………………………
4.………………………………………………………………………….
5………………………………………………………………………….
Part 2 (c) Registered Company
Private or Public …………………………………………………………………….
State the nominal and issued capital of company-
Nominal KSh.……………………………………
Issued KSh……………………………………
Give details of all directors as follows
Name Nationality *Citizenship Details Shares
1……………………………………………………………………………………….
2……………………………………………………………………………………….
3………………………………………………………………………………………..
4………………………………………………………………………………………..
5………………………………………………………………………………………..
Name of duly authorized person to sign for and on behalf of the Tenderer
………………………………………………..………………………..
Designation of the duly authorized person……………………………………
Signature of the duly authorized person……………………………..
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*NOTES TO THE TENDERERS ON THE QUESTIONNAIRE
1. The address and contact person of the Tenderer provided above shall at all times
be used for purposes of this tender.
2. If a Kenyan citizen, please indicate under “Citizenship Details” whether by birth,
naturalization or registration.
3. The details on this Form are essential and compulsory for all Tenderers. Failure
to provide all the information requested shall lead to the Tenderer’s
disqualification.
4. For foreign Tenderers please give the details of nominal and issued share capital
in the currency of the country of origin of the Tenderer.
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SECTION XI A - TENDER SECURITY FORM – (BANK GUARANTEE)
(To Be Submitted On Bank’s Letterhead) Date:
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
WHEREAS ……………………………………… (name of the Tenderer) (hereinafter
called “the Tenderer”) has submitted its Tender dated ……… for the supply, installation
and commissioning of………………………… (please insert KPLC tender no. and name)
(hereinafter called “the Tender”);
KNOW ALL PEOPLE by these presents that WE………………………………….of
…………………………….having our registered office
at…………………….(hereinafter called “the Bank”), are bound unto The Kenya Power
and Lighting Company Limited (hereinafter called “KPLC” which expression shall where
the context so admits include its successors-in-title and assigns) in the sum of
…………………………………. for which payment well and truly to be made to the said
KPLC, the Bank binds itself, its successors, and assignees by these presents.
We undertake to pay you, upon your first written demand declaring the Tenderer to be in
breach of the tender requirements and without cavil or argument, the entire sum of this
guarantee being …………………….. (amount of guarantee) as aforesaid, without you
needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
This tender guarantee will remain in force up to and including thirty (30) days after the
period of tender validity, and any demand in respect thereof should reach the Bank not later
than the date below.
This guarantee is valid until the …..…day of………………………20……
EITHER
SEALED with the )
COMMON SEAL )
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of the said BANK ) _______________________________
this ……………………day ) BANK SEAL
of ………………………20…. )
)
in the presence of :- )
)
____________________ )
)
and in the presence of:- )
)
__________________ )
OR
SIGNED by the DULY AUTHORISED
REPRESENTATIVE(S)/ ATTORNEY(S) of
the BANK
_____________________
Name(s) and Designation of duly authorized representative(s)/ attorney(s) of the Bank
___________________________________
Signature(s) of the duly authorized person(s)
NOTES TO TENDERERS AND BANKS
1. Please note that no material additions, deletions or alterations regarding the
contents of this Form shall be made to the Tender Security to be furnished by the
Tenderer. If any are made, the Tender Security shall not be accepted and shall be
rejected by KPLC. For the avoidance of doubt, such rejection will be treated as
non-submission of the Tender Security where such Security is required in the
tender.
2. It is the responsibility of the Tenderer to sensitize its issuing bank on the need to
respond directly and expeditiously to queries from KPLC. The period for response
shall not exceed three (3) days from the date of KPLC’s query. Should there be no
conclusive response by the Bank within this period, such Tenderer’s Tender
Security shall be deemed as invalid and the bid rejected.
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3. The issuing bank should address its response or communication regarding the
bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
4. The Tender validity period is one hundred and eighty (180) days as set out in the
Invitation to Tender (at Section I of the Tender document) or as otherwise may be
extended by KPLC. Therefore the Tender Security must at all times be valid for at
least 30 days beyond the tender validity period.
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SECTION XI B - TENDER SECURITY FORM (SACCO SOCIETY, DEPOSIT
TAKING MICRO FINANCE INSTITUTIONS, WOMEN ENTERPRISE FUND &
YOUTH ENTERPRISE FUND)
(To Be Submitted On Institutions Letterhead) Date:
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
WHEREAS…………………………(hereinafter called “the Contractor”) has undertaken,
in pursuance of your Tender Number………………..(reference number of the Tender) and
its Tender dated ………………(insert Contractor’s date of Tender taken from the Tender
Form) to supply ……………(description of the Works) (hereinafter called “the Contract);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with an Institution’s guarantee by an acceptable Institution for the sum
specified therein as security for compliance of the Contractor’s performance obligations in
accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor a Guarantee;
THEREFORE WE HEREBY AFFIRM that we are Guarantors and responsible to you,
on behalf of the Contractor, up to a total of……………………. (amount of the guarantee
in words and figures) and we undertake to pay you, upon your first written demand
declaring the Contractor to be in default under the Contract and without cavil or argument,
any sum or sums within the limits of ………………………………………...
(amount of guarantee) as aforesaid, without you needing to prove or to show grounds or
reasons for your demand or the sum specified therein.
This guarantee is valid until the …………day of……………….…..…20….
EITHER
SEALED with the )
COMMON SEAL )
of the said INSTITUTION )
Page 80 of 105
)
this ……………………day ) _____________________________
) INSTITUTION SEAL
of ………………………20…. )
in the presence of :- )
)
____________________ )
)
and in the presence of:- )
)
__________________ )
OR
SIGNED by the DULY AUTHORISED
REPRESENTATIVE(S)/ ATTORNEY(S) of
the INSTITUTION
_____________________
Name(s) and Designation of duly authorized representative(s)/ attorney(s) of the
Institution.
___________________________________
Signature(s) of the duly authorized person(s)
NOTES TO SUPPLIERS AND INSTITUTIONS
1. Please note that no material additions, deletions or alterations regarding the
contents of this Form shall be made to the Tender Security to be furnished by the
Tenderer. If any are made, the Tender Security shall not be accepted and shall be
rejected by KPLC. For the avoidance of doubt, such rejection will be treated as
non-submission of the Tender Security where such Security is required in the
tender.
2. It is the responsibility of the Tenderer to sensitize its issuing institution on the need
to respond directly and expeditiously to queries from KPLC. The period for
response shall not exceed three (3) days from the date of KPLC’s query. Should
there be no conclusive response by the institution within this period, such
Tenderer’s Tender Security shall be deemed as invalid and the bid rejected.
Page 81 of 105
3. The issuing institution should address its response or communication regarding
the Tender Security to KPLC at the following e-mail address – “guarantees@
kplc.co.ke”
4. The Tender validity period is one hundred and eighty(180) days as set out in the
Invitation to Tender (at Section I of the Tender document) or as otherwise may be
extended by KPLC. Therefore the Tender Security must at all times be valid for at
least 30 days beyond the tender validity period.
Page 82 of 105
SECTION XI C - TENDER SECURITY – (LETTERS OF CREDIT)
The Mandatory Conditions to be included in the Letters are in two parts, A and B.
Part A
Form of Documentary credit - “Irrevocable Standby”
Applicable rules - “Must be UCP Latest Version” i.e. UCP 600 (2007 REVISION) ICC
Publication No. 600.
Place of expiry - At the counters of the advising bank.
The SBLC should be available – “By Payment”
Drafts should be payable at - “SIGHT”
Documents required -
1. Beneficiary’s signed and dated statement demanding for payment under the letter of
credit no………………………….. (Insert LC No.) as……………………….(Name of
applicant) (hereinafter called the “Tenderer”) indicating that the “Tenderer” has
defaulted in the obligations of the Tenderer as stated by the Beneficiary.
2. The Original Letter of Credit and all amendments, if any.
Additional Conditions -
1. All charges levied by any bank that is party to this documentary credit are for the
account of the applicant.
2. There should be no conditions requiring compliance with the specific regulations or a
particular country’s Law and regulations.
Charges - All bank charges are for the account of the applicant.
*Confirmation instructions – (See notes below)
Part B
The proceeds of these Letters are payable to KPLC -
a) if the Tenderer withdraws its Tender after the deadline for submitting Tenders but
before the expiry of the period during which the Tenders must remain valid.
b) if the Tenderer fails to enter into a written contract in accordance with the Tender
Document
c) if the successful Tenderer fails to furnish the performance security in accordance
with the Tender Document.
d) if the Tenderer fails to extend the validity of the tender security where KPLC has
extended the tender validity period in accordance with the Tender Document.
Page 83 of 105
NOTES TO TENDERERS AND BANKS.
1. Please note that should the Tender Security (LC) omit any of the above conditions
the LC shall not be accepted and shall be rejected by KPLC. For the avoidance of
doubt, such rejection will be treated as non-submission of the LC where such LC is
required in the Tender.
2. It is the responsibility of the Tenderer to sensitize its issuing bank on the need to
respond directly and expeditiously to any queries from KPLC. The period for
response shall not three (3) days from the date of KPLC’s query. Should there be
no conclusive response by the Bank within this period, such Tenderer’s Tender
Security shall be deemed as invalid and the bid rejected.
3. The issuing bank should address its response or communication regarding the
bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
4. The Tender validity period is One hundred and eighty (180) days as set out in the
Invitation to Tender (at Section I of the Tender document) or as otherwise may be
extended by KPLC. Therefore the Tender Security must at all times be valid for at
least 30 days beyond the tender validity period.
5. All Guarantees issued by foreign banks must be confirmed by a local bank in Kenya.
Page 84 of 105
SECTION XIII - DECLARATION FORM
Date
To:
The Kenya Power & Lighting Company Limited,
P.O Box 30099 – 00100,
Stima Plaza, Kolobot Road, Parklands,
Nairobi,
KENYA.
Ladies and Gentlemen,
The Tenderer i.e. (full name and complete physical and postal
address)
declare the following: -
a) That I/ We have not been debarred from participating in public procurement by
anybody, institution or person.
b) That I/ We have not been involved in and will not be involved in corrupt and
fraudulent practices regarding public procurement anywhere.
c) That I/We or any director of the firm or company is not a person within the meaning
of paragraph 3.2 of ITT (Eligible Tenderers) of the Instruction to Tenderers.
d) That I/ We are not insolvent, in receivership, bankrupt or in the process of being
wound up and is not the subject of legal proceedings relating to the foregoing.
e) That I/We do hereby confirm that all the information given in this tender is accurate,
factual and true to the best of our knowledge.
f) That I/ We are not associated with any other Tenderer participating in this tender.
Yours sincerely,
_____________________
Name of Tenderer
___________________________________
Signature of duly authorized person signing the Tender
__________________________________
Name and Designation of duly authorized person signing the Tender
__________________________________
Stamp or Seal of Tenderer
Page 85 of 105
SECTION XIV – DRAFT LETTER OF NOTIFICATION OF AWARD
To:
(Name and full address of the Successful Tenderer)…………
Dear Sirs/ Madams,
RE: NOTIFICATION OF AWARD OF TENDER NO. ……………
We refer to your Tender dated………………… and are pleased to inform you that
following evaluation, your Tender has been accepted as follows: -
………………………………………………………………………………………………
………………………………………………………………………………………………
This notification does not constitute a contract. The formal Contract Agreement, which is
enclosed herewith shall be entered into upon expiry of fourteen (14) days from the date
hereof pursuant to the provisions of the Public Procurement and Asset Disposal Act, 2015
(or as may be amended from time to time or replaced).
Kindly sign, and seal the Contract Agreement. Further, initial and stamp on all pages of the
documents forming the Contract that are forwarded to you with this letter. Thereafter return
the signed and sealed Contract together with the documents to us within fourteen (14) days
of the date hereof for our further action.
We take this opportunity to remind you to again note and strictly comply with the
provisions as regards the Tender Security, Signing of Contract and Performance Security
as stated in the Instructions to Tenderers.
We look forward to a cordial and mutually beneficial business relationship.
Yours faithfully,
FOR: THE KENYA POWER & LIGHTING COMPANY LIMITED
GENERAL MANAGER, SUPPLY CHAIN
Enclosures
Page 86 of 105
SECTION XV – DRAFT LETTER OF NOTIFICATION OF REGRET
To: (Name and full address of the Unsuccessful Tenderer)………… Date:
Dear Sirs/ Madams,
RE: NOTIFICATION OF REGRET IN RESPECT OF TENDER NO. …………
We refer to your Tender dated………………… and regret to inform you that following
evaluation, your Tender is unsuccessful. It is therefore not accepted. The brief reasons are
as follows:-
1. ………………………
2. ………………………
3. ……………………… etc…
The successful bidder was _______________________.
However, this notification does not reduce the validity period of your Tender Security. In
this regard, we request you to relook at the provisions regarding the Tender Security,
Signing of Contract and Performance Security as stated in the Instructions to Tenderers.
You may collect the tender security from our Legal Department (Guarantees Section), on
the 2nd Floor, Stima Plaza, Kolobot Road, Parklands, Nairobi only after expiry of twenty
five (25) days from the date hereof on Mondays and Wednesdays ONLY between 9.00
a.m. to 12.30 pm and 2.00p.m to 4.00p.m.
It is expected that by that time KPLC and the successful bidder will have entered into a
contract pursuant to the Public Procurement and Asset Disposal Act, 2015 (or as may be
amended from time to time or replaced). When collecting the Security, you will be required
to produce the original or certified copy of this letter.
We thank you for the interest shown in participating in this tender and wish you well in all
your future endeavors.
Yours faithfully,
FOR: THE KENYA POWER & LIGHTING COMPANY LIMITED
GENERAL MANAGER, SUPPLY CHAIN
Page 87 of 105
SECTION XVI - CONTRACT AGREEMENT FORM
THIS AGREEMENT made this………day of………………….20…. BETWEEN THE
KENYA POWER & LIGHTING COMPANY LIMITED, a limited liability company
duly incorporated under the Companies Act, Chapter 486 of the Laws of Kenya, with its
registered office situated at Stima Plaza, Kolobot Road, Parklands, Nairobi in the Republic
of Kenya and of Post Office Box Number 30099-00100, Nairobi in the Republic aforesaid
(hereinafter referred to as the “KPLC”) of the one part,
AND
……………………………….. (Contractor’s full name and principal place of business)
a duly registered entity according to the laws of..…… (state country) and of Post Office
Box Number/Physical Address ……………….(full address physical and postal of
Contractor) in the Republic aforesaid, (hereinafter referred to as the “Contractor” of the
other part;
WHEREAS KPLC invited tenders for certain services, that is to say for ………………
(KPLC Supply Chain – Procurement Department insert description of services) under
Tender Number…………….. (KPLC Supply Chain – Procurement Department insert
tender number)
AND WHEREAS KPLC has accepted the Tender by the Contractor for the services in the
sum of ……………………( KPLC Supply Chain – Procurement Department specify the
total amount in words which should include any payable taxes, duties and insurance
where applicable e.g. Value Added Tax) (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: -
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract and the Tender
Document.
2. Unless the context or express provision otherwise requires: -
a) reference to “this Agreement” includes its recitals, any schedules and
documents mentioned hereunder and any reference to this Agreement or to
any other document includes a reference to the other document as varied
supplemented and or replaced in any manner from time to time.
Page 88 of 105
b) any reference to any Act shall include any statutory extension, amendment,
modification, re-amendment or replacement of such Act and any rule,
regulation or order made thereunder.
c) words importing the masculine gender only, include the feminine gender
or (as the case may be) the neutral gender.
d) words importing the singular number only include the plural number and
vice-versa and where there are two or more persons included in the
expression the “Contractor” the covenants, agreements obligations
expressed to be made or performed by the Contractor shall be deemed to be
made or performed by such persons jointly and severally.
e) where there are two or more persons included in the expression the
“Contractor” any act default or omission by the Contractor shall be deemed
to be an act default or omission by any one or more of such persons.
3. In consideration of the payment to be made by KPLC to the Contractor as
hereinbefore mentioned, the Contractor hereby covenants with KPLC to perform
and provide the services and remedy any defects thereon in conformity in all
respects with the provisions of the Contract.
4. KPLC hereby covenants to pay the Contractor in consideration of the proper
performance and provision of the services and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
5. The following documents shall constitute the Contract between KPLC and the
Contractor and each shall be read and construed as an integral part of the Contract:
-
a) this Contract Agreement
b) the Special Conditions of Contract as per the Tender Document
c) the General Conditions of Contract as per the Tender Document
d) the Price Schedules submitted by the Contractor and agreed upon with
KPLC.
e) the Details of Service as per KPLC’s Tender Document
f) the Schedule of Requirements
g) KPLC’s Notification of Award dated…………
h) the Tender Form signed by the Contractor
i) the Declaration Form signed by the Contractor/ successful Tenderer
j) the Warranty
h) project implementation schedule
Page 89 of 105
6. In the event of any ambiguity or conflict between the contract documents listed
above, the order of precedence shall be the order in which the contract documents
are listed in 5 above except where otherwise mutually agreed in writing.
7. The Commencement Date shall be the working day immediately following the
fulfillment of all the following: -
a) Execution of this Contract Agreement by KPLC and the Contractor.
b) Issuance of the Performance Bond/Security by the Contractor and
confirmation of its authenticity by KPLC.
c) Issuance of the Official Order by KPLC to the Contractor.
d) Where applicable, Opening of the Letter of Credit by KPLC.
8. The period of contract validity shall begin from the Commencement date and end
on either -
a) sixty (60) days after the last date of the agreed performance schedule, or,
b) where a Letter of Credit is adopted as a method of payment, sixty (60) days
after the expiry date of the Letter of Credit or the expiry date of the last of
any such opened Letter of Credit whichever is later.
Provided that the expiry period of the Warranty shall be as prescribed and further
provided that the Warranty shall survive the expiry of the contract.
9. It shall be the responsibility of the Contractor to ensure that its Performance
Security is valid at all times during the period of contract validity and further is in
the full amount as contracted.
10. Any amendment, change, addition, deletion or variation howsoever to this Contract
shall only be valid and effective where expressed in writing and signed by both
parties.
11. No failure or delay to exercise any power, right or remedy by KPLC shall operate
as a waiver of that right, power or remedy and no single or partial exercise of any
other right, power or remedy.
12. Notwithstanding proper completion of performance or parts thereof, all the
provisions of this Contract shall continue in full force and effect to the extent that
any of them remain to be implemented or performed unless otherwise expressly
agreed upon by both parties.
Page 90 of 105
13. Any notice required to be given in writing to any Party herein shall be deemed to
have been sufficiently served, if where delivered personally, one day after such
delivery; notices by electronic mail shall be deemed to be served one day after the
date of such transmission and delivery respectively, notices sent by post shall be
deemed served seven (7) days after posting by registered post (and proof of posting
shall be proof of service), notices sent by courier shall be
deemed served two (2) days after such receipt by the courier service for Local
Suppliers and five (5) days for Foreign Suppliers.
14. For the purposes of Notices, the address of KPLC shall be Company Secretary, The
Kenya Power & Lighting Company Limited, 7th Floor, Stima Plaza, Kolobot Road,
Post Office Box Number 30099–00100, Nairobi, Kenya. The address for the
Contractor shall be the Contractor’s address as stated by it in the Confidential
Business Questionnaire provided in the Tender Document.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Kenya the day and year first above written.
SIGNED for and on behalf
of KPLC
_________________________________
MANAGING DIRECTOR & CEO
and in the presence of:-
______________________
COMPANY SECRETARY
SEALED with the COMMON SEAL
of the CONTRACTOR
in the presence of:-
___________________ ______________________
DIRECTOR Affix Contractor’s Seal here
________________________
Page 91 of 105
DIRECTOR’S FULL NAMES
and in the presence of:-
________________________
DIRECTOR/ COMPANY SECRETARY
________________________________________________
DIRECTOR/ COMPANY SECRETARY’S FULL NAMES
DRAWN BY: -
Awuor Owiti,
Advocate,
C/o The Kenya Power & Lighting Company Limited,
7th Floor, Stima Plaza,
Kolobot Road, Parklands,
Post Office Box Number 30099–00100,
NAIROBI, KENYA,
Telephones: + 254-20-3201000/ 731
Page 92 of 105
SECTION XVII A - PERFORMANCE SECURITY FORM (BANK GUARANTEE)
(To Be Submitted On Bank’s Letterhead) Date:
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
WHEREAS…………………………(hereinafter called “the Supplier”) has undertaken, in
pursuance of your Tender Number………………..(reference number of the Tender) and
its Tender dated ………………(insert Supplier’s date of Tender taken from the Tender
Form) to supply ……………(description of the goods) (hereinafter called “the Contract);
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall
furnish you with a bank guarantee by an acceptable bank for the sum specified therein as
security for compliance of the Supplier’s performance obligations in accordance with the
Contract;
AND WHEREAS we have agreed to give the Supplier a guarantee;
THEREFORE WE HEREBY AFFIRM that we are Guarantors and responsible to you,
on behalf of the Supplier, up to a total sum of……………………. (amount of the guarantee
in words and figures) and we undertake to pay you, upon your first written demand
declaring the Supplier to be in default under the Contract and without cavil or argument,
any sum or sums within the limits of ………………………………………...
(amount of guarantee) as aforesaid, without you needing to prove or to show grounds or
reasons for your demand or the sum specified therein.
This guarantee is valid until the …………day of……………….…..…20….
EITHER
SEALED with the )
COMMON SEAL )
of the said BANK )
)
Page 93 of 105
this ……………………day ) _____________________________
) BANK SEAL
of ………………………20…. )
in the presence of :- )
)
____________________ )
)
and in the presence of:- )
)
__________________ )
OR
SIGNED by the DULY AUTHORISED
REPRESENTATIVE(S)/ ATTORNEY(S) of
the BANK
_____________________
Name(s) and Designation of duly authorized representative(s)/ attorney(s) of the Bank
___________________________________
Signature(s) of the duly authorized person(s)
NOTES TO SUPPLIERS AND BANKS
1. Please note that no material additions, deletions or alterations regarding the
contents of this Form shall be made to the Performance Security Bond (the Bond)
to be furnished by the successful Tenderer/ Supplier. If any are made, the Bond may
not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such
rejection will be treated as non-submission of the Bond where such Bond is
required in the tender and Contract.
2. KPLC shall seek authentication of the Performance Security from the issuing bank.
It is the responsibility of the Supplier to sensitize its issuing bank on the need to
respond directly and expeditiously to queries from KPLC. The period for response
shall not exceed five (5) days from the date of KPLC’s query. Should there be no
conclusive response by the Bank within this period, such Supplier’s Performance
Security may be deemed as invalid and the Contract nullified.
3. The issuing Bank should address its response or communication regarding the
bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
Page 94 of 105
SECTION XVII B - PERFORMANCE SECURITY (LC)
Mandatory Conditions that should appear on the Performance Security (LC).
Form of Documentary credit - “Irrevocable Standby”
Applicable rules - “Must be UCP Latest Version” i.e. UCP 600 (2007 REVISION) ICC
Publication No. 600.
Place of expiry - At the counters of the advising bank.
The SBLC should be available – “By Payment”
Drafts should be payable at - “SIGHT”
Documents required -
1. Beneficiary’s signed and dated statement demanding for payment under the letter of
credit no………………………….. (Insert LC No.) as……………………….(Name of
Applicant) (hereinafter called the “Supplier”) indicating that the “Supplier” has
defaulted in the performance and adherence to and performance of the contract between
the Beneficiary and the Supplier.
2. The Original Letter of Credit and all amendments, if any.
Additional Conditions -
1. All charges levied by any bank that is party to this documentary credit are for the
account of the Applicant.
2. (Include) that there should be no conditions requiring compliance with the specific
regulations or a particular country’s laws and regulations.
Charges - All bank charges are for the account of the Applicant.
Confirmation instructions – (See notes below)
NOTES TO SUPPLIERS AND BANKS
1. Please note that should the Performance Security (LC) omit any of the above
conditions the LC shall not be accepted and shall be rejected by KPLC. For the
avoidance of doubt, such rejection will be treated as non-submission of the LC
where such LC is required in the tender and Contract.
2. KPLC may seek authentication of the Performance Security (LC) from the issuing
bank. It is the responsibility of the Supplier to sensitize its issuing bank on the need
to respond directly and expeditiously to queries from KPLC. The period for
response shall not exceed three (3) days from the date of KPLC’s query. Should
Page 95 of 105
there be no conclusive response by the Bank within this period, such Supplier’s
Performance Security (LC) may be deemed as invalid and the Contract nullified.
3. The issuing bank should address its response or communication regarding the
bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
4. All Guarantees issued by foreign banks must be confirmed by a local bank in Kenya.
Page 96 of 105
SECTION XIX - PREVIOUS EXPERIENCE WITH SIMILAR WORK
(INFORMATION TO BE PROVIDED BY THE TENDERER)
As required by Section 3.13.3(d) of the Instructions To Tenderers, following is a list of
work that the Tenderer has previously performed which is similar to that described in the
Request for Proposal:
No. Description Customer Name & Contacts Date of Supply
Page 97 of 105
SECTION XX - SUPPLIER EVALUATION FORM
(This form is for information only and not to be filled in by any bidder. It is for
official use by KPLC to evaluate performance of Suppliers during the contract
period)
Name of Firm…………………………………...Date…………………
Category of Product/Service (e.g. Conductors …………………
Period of evaluation………………………………………………........
1. COST OF SERVICE/PRODUCT Rating guidelines
Supplier Score
Procurement Score
User Score
Comments
Totals
Did the vendor assist in or advice on ways of reducing the costs?
YES:4 PARTIALLY:2
NO: 0
10
How closely did your final costs correspond to your expectation at the beginning of the project/tender?
YES:2 PARTIALLY:1
NO: 0
10.00%
Did the company stick to the agreed transaction/contract rates?
YES:4 PARTIALLY:2
NO: 0
2.ON TIME DELIVERY OF PRODUCT OR SERVICE
Totals
Did the vendor perform work in compliance with contract terms and agreements?
YES:6 PARTIALLY:3
NO: 0
10
Was the vendor prompt and effective in correction of situations and conditions?
YES:2 PARTIALLY:1
NO: 0
10.00%
Are you able to track service level agreements and determine duration of incidents from the vendor?
YES:2 PARTIALLY:1
NO: 0
3. FLEXIBILITY TO RESPOND TO UNEXPECTED DEMAND OF SERVICE
Rating guidelines Totals
Was the vendor willing to change their product/service on special needs?
YES:6 PARTIALLY:3
NO: 0
6
6.00%
4. QUALITY Rating guidelines Totals
When performing their duties, was there - rework or returns caused by non-conformance to quality?
NO:6 PARTIALLY:3
YES: 0
14
Was the quality of service delivered equal to KPLC minimum requirements?
YES:8 PARTIALLY:4
NO:0 14.00%
5.RESPONSIVENESS Rating guidelines
Totals
Was the vendor well responsive to information requests, issues, or problems that arose in the course of service?
YES:2 PARTIALLY:1
NO: 0
14
Was the vendor open to feedback on low quality of service levels and willing to act on this?
YES:6 PARTIALLY:3
NO: 0
14.00%
Is it easy to reach staff members of suppliers in case of a request or query? (are communication channels clear?)
YES:6 PARTIALLY:3
NO: 0
6. CUSTOMER SUPPORT Rating guidelines
Totals
Did the vendor offer effective customer support?
YES:10
PARTIALLY:4
NO: 0
18
Page 98 of 105
In case of reported problems/issues, were there follow ups by the vendor to ensure the problem is fully resolved during support?
YES:8 PARTIALLY:4
NO: 0
18.00%
7. COMMUNICATION SKILLS Rating guidelines
Totals
Are you satisfied with the attitude, courtesy, and professionalism of this vendor's staff? Written or spoken?
YES:2 PARTIALLY:1
NO: 0
6
Are the vendor's staff well equipped and skilled in handling requests / issues? Are you rotated too much among staff on an issue?
YES:4 PARTIALLY:2
NO: 0
6.00%
8. DOCUMENTATION AND ACCOUNTING Rating guidelines
Totals
Are you satisfied with how the Vendor presents documentation (invoices & licenses etc.) when required to do so, to necessitate finalization of contract renewals and payments?
YES:6 PARTIALLY:3
NO: 0
10
Was problem documentation (incident reports) presented promptly by the vendor and was it complete?
YES:4 PARTIALLY:2
NO: 0
10.00%
9. VALUE ADD Rating guidelines Totals
Did the vendor go over and above in optimizing service delivery process for effective services delivery?
YES:6 PARTIALLY:3
NO: 0
12
Did the vendor go over and above and offer training or knowledge to assist with better systems support?
YES:6 PARTIALLY:3
NO: 0
12.00%
Totals
Score:
Totals
100.0
Maximum Score 100.
0 100.00%
VENDOR'S TOTAL SCORE
VENDOR'S PERCENTAGE SCORE
ISSUES FOR FOLLOW UP -
Evaluation Done by: Name
Department Date
Checked/Validated by
Score in Percentage % ………………………………………
PERFORMANCE LEVEL DEFINATION;
≥75% - KP1 GREEN
50% - KP2 AMBER
25% - KP3 YELLOW
≥25% - KP4 RED
RATING: 75% - V Good, 50% - Good, 25% - Fair, Below 25% - Poor
Page 99 of 105
RECOMMENDATION
Status Tick as appropriate
1 Grant supplier preferred status KP1
2 Work with supplier or develop and
improve supplier KP2 & KP3
3 Abandon / switch suppliers KP4
Name:…………………………Sign:…………………………..Date:………...
Name:…………………………Sign:…………………………..Date:………...
Name:…………………………Sign:…………………………..Date:………...
Page 100 of 105
SECTION XI - THE DETAILS OF SERVICES
The Details of Services describe the basic requirements for services. In addition to the
information and documentation in the Tender Document regarding the technical aspects of
this tender, all Tenderers shall comply with the following -
PART A - GENERAL REQUIREMENTS
1. Technical documentation shall be in English language. The specific services on offer
shall be marked clearly for the services they intend to provide.
2. Deviations from the basic requirements, if any, shall be explained in detail in writing
with the offer, with supporting data including calculation sheets, detailed drawings and
certified test reports. KPLC reserves the right to reject the services if such deviations
shall be found critical to the use and operation of the services.
3. The Contractor shall submit a Commentary on the Details of Service as well as
Commentary of Compliance to the Details of Service. In submitting the Commentaries
the Firm and or Manufacturers/ Principals should provide cross-references to the
documents submitted.
4. The Commentaries shall be in table form, and shall cover in detail, all clauses of the
Detail(s).
5. Detailed contact information including title, e-mail, facsimile, telephone or any other
form of acceptable communication of the certification or recognition and standards
body used shall be provided.
6. Where Certificates and their Reports and are translated into English, all pages of the
translations must be signed and stamped by the certifying authority.
7. The Manufacturer’s/ Principal’s Declaration of Conformity to reference standards and
copies of quality management certifications including valid and current ISO
certifications shall be submitted for evaluation.
8. In all cases where the level of galvanizing and painting is not specifically stated in the
Details, the general requirement shall be for a uniform coating of thickness not less
than 80 microns.
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9. Contractors are required to provide information on proper representative(s) and or
workshop for back-up service and or repair and maintenance including their names,
telephone, facsimile, e-mail, physical and postal addresses, along with their offers.
PART B – SPECIFIC DETAILS OF SERVICE (SDS)
The Specific Details of Service are as attached on the next page.
*(KPLC Supply Chain – Procurement Department to obtain from the user department
and attach to the Tender Document the Technical Specifications. The User Department
must state each and every item of the Specifications and indicate which items are
mandatory and which ones are not.)
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SECTION XIV – METHODOLOGY AND WORKPLAN
Tenderer’s Description of the Methodology and Workplan for performing the assignment.
Yours sincerely,
_____________________
Name of Tenderer
___________________________________
Signature of duly authorized person signing the Tender
__________________________________
Name and Capacity of duly authorized person signing the Tender
__________________________________
Stamp or Seal of Tenderer
NOTES TO TENDERERS ON WORKPLAN AND METHODOLOGY
1. Reports and Time Schedules
1.1 KPLC may enter into discussion and agreement with the successful Tenderer on
the approach and action plans to realize the basic objective of the Tender and
contract. The Tenderer should therefore provide its detailed proposals on this,
given that the assignment is to be completed within a 2 (two) month period.
2. The Reports and Documents required will in the main include:-
a) Detailed workplan and team composition,
b) Inception Report
b) Interim Progress Report
i) First Status Report
ii) Second Status Report
c) Draft Report
d) Final Report
The project should be completed within 60 Days (two months) with the following
key milestones:-
Fortnightly briefing should be made on the progress of the Review.
Inception report should be submitted within 15 (fifteen) days of
commencement
A final report to be submitted within 15 (fifteen) days after
completion of the assignment.
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4. Any Reports requested by KPLC shall be presented in three hard copies and one soft
copy.
SECTION XV – FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED
TEAM MEMBERS (INCLUDING TEAM LEADER)
Full name of Team Member: _____________ Position in firm _________
Years and or months with Tenderer: ____________Membership (and status) in
Professional Bodies:
Key Qualifications:
[Give an outline of team member’s key experience most pertinent to the Services going not
more than seven years prior to the Date of the Tender Document. Indicate degree of
responsibility held by the team member on relevant previous assignments and give dates
and locations. For experience in last seven years, also give types of activities performed
and client references, where appropriate].
Education:
[Summarize university, other training and specialized education of team member, giving
names of universities, dates attended, and degrees, diplomas other certification or
accolades obtained)
Employment Record:
[Starting with present position, list in reverse order every employment held in the last seven
years. List all positions held by the team member in that period giving dates, names of
employing organizations, titles of positions held, and station of work].
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, the information
above correctly describes me, my qualifications, and my experience.
Date:
[Signature of Team Member] Day/Month/Year
Yours sincerely,
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_____________________
Full name of Tenderer
___________________________________
Signature of duly authorized person signing the Tender
__________________________________
Name and Capacity of duly authorized person signing the Tender
__________________________________
Stamp of the Tenderer